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_ 


THE * AMERICAN MANUAL. 


V/ v \VV THE 

COJIfflTIITIi OF THE UNITED STATES, 


AND ALL THE ACTS OP CONGRESS RELATING TO 



INCLUDING 


THE ALIEN LAWS OF ALL THE STATES, 

' Forms, Decisions of the Gourts, Tables of Nativities, 

Synopsis of tlie History of Naturalization in this Country, &c- 


BY A MEMBER OF THE BAR. 
1856 . 

Carefully Compiled from the United States Laws. 


PUT NONE BUT AMERICANS ON GUARD TO-NIGHT .-George Washington. 












































it /'D , Srt^cc.'— 0 Y.J < t 

* > 

'JNTA.TI'VE -AJSTD yALIEIn. 


p VAv l 


THE 

NATURALIZATION LAWS 

OF THE 

t 

UNITED STATES : 

CONTAINING ALSO 


THE ALIEN LAWS OF THE STATE OF NEW YORK, 


A SYNOPSIS OF THE ALIEN LAWS OF OTHER STATES, WITH THE 
FORMS FOR NATURALIZING ALIENS, IMPORTANT DECISIONS, 
GENERAL REMARKS, &.C., &c., &c. 


CAREFULLY COMPILED AND ARRANGED. 



THE CONSTITUTION OF TIIE UNITED STATES. 
























. 






' 




. 
























• " 





GENERAL OBSERVATIONS. 


There are certain natural rights 11 reserved to each individual in the very 
compact itself by which civil society is formed.” There are other rights of 
which every nation is its own sole judge, regulator and disposer. Of these 
latter rights is Citizenship. The importance of the division of the body of 
the people into the two great classes of Natives and Aliens, depends upon the 
necessity of protecting the civil and religious establishment of a country, and 
for this reason the laws of all nations have, with greater or less rigor, preserved 
this discrimination, and have subjected aliens to various disabilities, as well in 
time of peace as of war. In the enumeration of these disabilities in the 
United States, let us commence with those at common law, “ the principles 
of which to a limited extent prevail” in them, as a system of National Juris¬ 
prudence. Statutory enactment, in some of the States of the Union, has 
removed several of these disabilities; for example, the incapacity to hold, 
acquire and transmit real property; but the great body of them, are left to be 
swept away by Naturalization, which is defined as “ the act of investing 
aliens with the privileges of native citizens.” It is therefore an invaluable 
political and civil privilege, interesting as well to the alien who seeks it, as to 
the citizen who already enjoys it. 

A native of the United States, is a person born within their jurisdiction 
and allegiance. \ 

An alien or foreigner, is one born beyond such jurisdiction, with one or 
two exceptions, as for example, the children of ambassadors born abroad. 
These are definitions furnished by the common law, which, says Du Ponceau, 
“ is the law of the United States in their national capacity, and is recognized 
as such in many instances by the Constitution of the United States and the 
Statutes made in pursuance of it.” Some of the disabilities by common 
law, are incapacity of holding any civil office; of voting at elections; of 
transmitting any title to real property by descent; or of holding it without 
Lynch vs ciarke. i ■^ ie consent of the State. Aliens can not inherit land. The 
sandford Chy. Rep. municipal law of each State may regulate the subject 
of inheritance. An alien may take land by purchase or 



6 


do. 224 


do. 223. 


Paige’s Case 5 Co*, devise, until an inquest of office; but if he dies without 

52 - such inquest, it would revert and vest in the state, because 

through him no one can possess landed estate by inheritance, and it may so 
escheat and revert upon such inquest, he still living. Nor can an alien take 

2 Kent’s Com. is. and possess real estate by title accruing merely by opera- 

1 wooddesson, 222 . tion of law. If the father is an alien, his issue cannot in¬ 

herit to the grandfather, because he must claim through his father who has 

no inheritable blood. An alien can not be tenant by the 
curtesy or in dower. A purchaser of land from an alien, 
takes it, subject to the same liability of forfeiture to the 
State upon office found, which existed while held by the alien vendor, al¬ 
though as against the latter, the conveyance is good. If an alien be seized 
to the use of another, the use cannot be executed as against the State. On 

2 Kent, Com. 24. office found it will be defeated. The same disability at¬ 

taches to an alien who is the beneficiary of a use, and 
doubtless the State may compel the trust to be executed by proceedings in 
Chancery. 

According to Professor Wooddesson, “ It has been resolved that aliens may 
be executors or administrators; and as such, may become entitled to leases, as 
well as other merely personal property; and that, whether they reside here 
or abroad; and though the testator or intestate was also an alien. ” 

For the purposes of traffic, an alien resident merchant may rent a house 
l wooddesson, 225. for his habitation; is entitled to the benefit of the Bank¬ 
rupt or Insolvent laws; may sue for slander in calling him 
a bankrupt and for personal assaults; but can not main¬ 
tain any action to recover any interest in land. But he 
may acquire, possess, and enjoy, transmit or bequeath by 
will, personal goods. He may maintain a personal action to protect them as 
well as to recover them or their value, or for the possession of or injury to 
the house demised to him. 


1 Bulst. 134. 

Yeiv. 198. 

2 Kent’s Com. 25. 


War deprives alien enemies of the privileges and protection of the laws, 
except in a few instances, among which are “ atrocious attempts on their lives, 
or in other flagitious cases.” But they may maintain an action, if residing in 
the United States, under the protection of the government. 

As long as a foreigner resides here, he owes a local and temporary alle¬ 
giance to the Sovereign State which protects him, and is subject to its gene¬ 
ral laws, and punishable according to them. Disputes to which he is a par- 


1 


do 26. ty, are to be determined by tbe courts, and the laws of 

the place where they occur. 

do. 25. la order to secure a debt, he may take mortgages on 

real estate, and the Supreme Court of the United States 
9 Wheaton, 459. bolds that “ the alien creditor is entitled to come into a court 
of equity to have the mortgage foreclosed, and the lands 
sold for the payment of his debt. ” 

If an alien resident dies, not having sought naturalization according to 
do. 29 . law, a nd having made no will, the laws of his stationary 

abode, at the time of his death will determine the distri¬ 
bution of his personal property; but if there was a will, its provisions will 
govern the disposition of such property. These principles of the common 
law of England, became the common law of the Colonies, then of each 
and all the States under the Confederation, except as modified by their Legis¬ 
latures. The articles of Confederation provided no mode of Naturalization. 
Each State had peculiar views on the subject of alienage. James Madison, 
in a letter urging the adoption of the Constitution, declared that dissimi¬ 
larity in the rules of naturalization, under the Confederation, had long been 
remarked as a fault, and as laying a foundation for intricate and delicate ques" 
tions. He noticed the confusion of language in the fourth article, by which 
the law of one State might be preposterously rendered paramount to the law 
of another within the jurisdiction of the other; that it was mere casualty 
that very serious embarrassments had been escaped — and that the new Con¬ 
stitution had accordingly, with great propriety, made provision against those 
and similar evils, by authorizing the general government 
“ to establish an uniform rule of Naturalization through¬ 
out the United States.” This power to naturalize is ex¬ 
clusive. It must necessarily be so, “ because if each State 
had power to prescribe a distinct rule, there could be no 
uniform rule.” This power was exercised by the several States before the 
adoption of the Constitution, and is one of the express concessions from 
them to the United States. Although it is not exclusive in terms, nor pro¬ 
hibited as to its exercise to the States, yet it is exclusive on the ground of 
there being a direct repugnance or incompatibility in the exercise of it by 
the States. 

Judge Tucker asserts that “ Aliens in the United States are at present of 
two kinds — aliens by birth and by election. First—Aliens by birth, are all 
persons bom out of the dominions of the United States, since the 4 th day 


U. S. Const., Art. J, 
Sec. 8. Sec. 4. 


2 Wheat. 259. 

3 Story on Const. 


8 


Lynch vs. ciarke. i of July, 1776, with some few exceptions, as, children of 

sand, chy. Rep. page c ftj zens born abroad, and persons naturalized by acts of 

Congress,’ 7 &c. His second class of aliens, are those made by voluntary ex¬ 
patriation, which he insists is reasonable. We shall find the Acts of Congress 
under the Constitutional provision above cited, declaring who shall be 
“ admitted to be citizens,” “considered citizens,” “ declared citizens.” These 
terms indicate different modes of acquiring citizenship. It is the general un¬ 
derstanding in this country, of lawyers, as well as the public, that birth of 
do 663. itself constitutes citizenship. So in Great Britain this is 

the rule So, also, it is understood here that no man can shake off his alle- 
3 Peter’s u. s. Rep. giance to his native country without its permission declared 
by law — although since the adoption of the Constitution, 
no judicial decision has settled the question, and although ohr laws exhibit 
the inconsistency of not requiring from the applicant for citizenship, proof 
that his former sovereign has released him from his allegiance. 

2 Kent’s Com. 6 . The first and general allegiance of our citizens, is due to 
the United States, and then there is due a subordinate and particular alle¬ 
giance the State in which we live. When the Constitution recognizes 
State citizenship, it is only in reference to the capacities and duties of citizens 
of the several States from and towards those States in which they are. It 
establishes the right of citizenship as a national right and character. 

A State may authorize an alien to hold office or real estate, but it can not 
protect him against foreign aggression. That duty belougs to the United 
States government, which also is answerable for the infraction of Interna¬ 
tional Law by its citizens. 

At the Revolution in 1776, every man w T as at 4 liberty to choose between 
the United States and Great Britain, “ whom he would serve.” He might 
2 Kent Com. Page 4 yield an express, or a tacit, and implied assent to th'e Declar- 
Note (a) ation of Independence. The evidence of this election, and 

of the time of making it, is to determine to wliom his allegiance is due. 
Vice Chancellor Sandford in the interesting case of Lynch vs. Clarke, 1 Sand. 
Chy. Rep. 681. says, “The doctrine settled by these authorities is, that on 
the separation of the colonies, the United States and Great Britain became 
respectively entitled, as against each other, to the allegiance of all persons 
who were at that time adhering to the governments respectively; and that 
those persons became aliens in respect to the government to which they did 
not adhere. In our decisions, the time fixed for the application of the rule, 


4 


9 


is the Declaration of Independence.. In the British authorities, it is applied 
at the date of the treaty of peace in 1783.” 

Chancellor Kent fixes the date of the treaty referred to as the proper period 
for the application of the rule. 

Let us inquire how the Constitution and Laws have in terms affected the 
situation of foreigners. It would be impossible from want of time to exam¬ 
ine their special treaty privileges and restrictions, or particularly those confer¬ 
red and imposed by the Law of Nations. Many are too obvious to require 
enumeration. 




The United States’ Constitution requires a Representative in Congress to 
have been a citizen seven years. This is necessary in order that the character 
of the Representative may be understood by his constituents, and that their 
character, wishes and opinions may be known to him, and that he should 
have a permanent interest in the prosperity of the country. 

So, a Senator of the United States, must have been nine years a citizen 
thereof ; a longer term of residence than is required in the case of a Repre- 
2 story’s Com. sentative, because still greater accomplishments are requi- 
Const. j site in a Senator. “The Senate is to participate'largely in 
transactions with foreign governments, and it seems indispensable, that time 
should have elapsed sufficient to wean a Senator from all prejudices, resent¬ 
ments and partialities, in relation to the land of his nativity.” He should un¬ 
derstand and be attached to, his duties. 

The President, or Vice President of the United States, must be a natural 
born citizen, or a citizen when the Constitution was adopted, and a resident 
within the United States for fourteen years before his election. Judge Story, 
says in respect to this provision: “It cuts off all chances for ambitious 
foreigners, who might otherwise be intriguing for the office, and interposes a 
barrier against those corrupt interferences of foreign governments in executive 
elections, which have inflicted the most serious evils upon the elective mon¬ 
archies of Europe. A residence of fourteen years in the United States, is 


also made an indispensable requisite for every candidate; so that the people 
may have a full opportunity to know his character and merits, and .that he 
may have mingled in the duties, and felt the interests, and understood the 
principles, and nourished the attachments belonging to every citizen in a re¬ 
publican government.” 

The Constitution took effect on the fourth day of March, 1789, and the 
First Congress at its second' session, passed the first Naturalization Act; ap¬ 
proved March 26, 1790. This Act was of the most liberal character, and 


3 


10 


displayed the anxiety which existed at the outset of the government to en¬ 
courage emigrants to enter, occupy, and cultivate the vast wild and untilled 
lands of the Union; and in this connexion it will be remembered that one of 
the acts of tyranny charged upon King George in the Declaration of Inde¬ 
pendence, was that he endeavored to prevent the population of the States. 
The Act required a previous residence in the United States of only two years; 
declared the minor children of such naturalized aliens residing here at the 
time of naturalization, to be citizens, making no distinction between such 
children, whether born here or abroad. It also declared that children of citi¬ 
zens of the United States born abroad, should be considered as natural bom 
citizens. (Repealed.) 

January 29, 1795. The last named Act was repealed. A residence of 
five years required —provisions as to minor children, varied — declaration of 
intention to become a citizen, and to renounce foreign allegiance, required 
three years before admission—renunciation of foreign allegiance, titles and 
orders of nobility — naturalization of aliens then resident* facilitated. (Re¬ 
pealed.) 

June 18, 1798. A previous declaration of five years required —fourteen 
years residence to be proved. Provision in favor of residents before January 
29, 1795, and of persons having made declaration. Aliens to be registered 
and reported on arrival in United States — penalties for refusal—the time 
of registry to be deemed the time when residence commenced, in proceedings 
for naturalization. (Repealed.) 

June 25, 1798. On this day, and during the presidency of John Adams, 
was passed the famous Alien Act, which “ authorized the President to order 
out of the country such aliens as he should deem dangerous to the peace and 
safety of the United States, or should have reasonable ground to suspect to be 
concerned in any treasonable or secret machinations against the government 
of the United States, under severe penalties for disobedience.” This Act 
was of brief duration, and expired by its own limitation. Its origin and his¬ 
tory are curious. It provoked a vast deal of exciting discussion, and was assail¬ 
ed and defended with unusual earnestness and vehemence. 

July 6, 1798. An Act respecting alien enemies was passed, which pro¬ 
vided for the treatment of such enemies resident, after proclamation of war 
by the President. (Expired.) 

April 17, 1800. The privileges of the Patent Act were extended to aliens, 
who had resided two years within the United States. (Repealed.) 


11 


April 14, 1802. The Act of this date, repealed all former acts relative 
to naturalization — a declaration of intention and renunciation required three 
years at least before admission — oath to support the Constitution, and to re¬ 
nounce foreign allegiance —Jive years residence in the United States—his 
oath not allowed to prove residence — renunciation of title and order of no¬ 
bility— naturalization of aliens, resident two years before Jan. 29,1795, facili¬ 
tated— certificate and registry — provisions in favor of aliens resident be¬ 
tween Jan. 29, 1795, and June 18, 1798 — what courts may naturalize— 
Children of persons naturalized under certain laws, are to be citizens. 

This Act was far more liberal. However, Chancellor Kent says of it, that 
it is all “remarkably loose and vague in its terms, and it is lamentably defec¬ 
tive in being confined to the case of children of parents who were citizens in 
1802, or had been so previously.” “It is quite surprising” he continues, “that 
the rights of the children of American citizens born abroad, should, by the 
existing Act of 1802, be left so precarious, and so far inferior in the security 
which has been given under the like circumstances, by the English statutes.” 
Some of its provisions have been repealed. 

Judge Conkling, remarks that the 4th section of this act has been sup¬ 
posed by Chancellor Kent, to give rise to two questions of considerable inter¬ 
est and importance, viz: 

1 . "Whether it is prospective in its scope, so as to embrace as well the minor 
children of persons who should be naturalized after the passage of the act, 
or of persons who had then already been naturalized, and 

2. Whether it was intended to apply only to cases in which both parents 
had been naturalized, or whether the naturalization of the father alone would 
be sufficient. Judge C., considers that the lapse of time has diminished the 
importance of the question, but thinks the act intended to declare the 
naturalization of the father alone, sufficient. 

March 26, 1804. Citizenship extended to certain aliens resident between 
June 18, 1798, and April 14, 1802, and to the widow and children of aliens 
who have taken the incipient steps to naturalization. 

March 3, 1813. Among the provisions of this “Act for the regulation of 
seamen” at section 12, is one which required from the applicant, who had ar¬ 
rived in the United States after the act took effect, a continued residence of 
five years next preceding admission (without being at any time during the 
said five years out of the territory of the United States). This Act refers to 
persons arriving after the termination of the war then pending. 


12 


The rigorous provision, enclosed in brackets was afterwards repealed. The 
other parts of the act are still in force. 

July 30, 1813. The act of this date amends the last named act, and 
relates only to alien enemies during the war then pending. 

March 22, 1816. Refers to a particular class of aliens. Repeals the act 
of 1802, as to certificates, &c. The first section of this act was afterwards 
repealed. 

May 26, 1824. Conditions prescribed, on which an alien free white per¬ 
son, and a minor may be naturalized—provisions respecting certificate, Ac.— 
Declaration of intention two years before admission, sufficient. 

May 24,1828. Former laws simplified; The 2d section of act of April 14, 
1802, 1st section of Act of March 22, 1816, and the 2d section of Act of 1804, 
repealed. Provisions for applicants without any certificate of declaration, and 
for aliens resident between April 14, 1802, and June 18, 1812.- 

June 26, 1848.—The act of this date repealed the last clause of the 12th 
Section, of the act of March 3, 1813, to wit, the words “without being at 
any time during the said five years out of the territory of the United States.” 

February 10, 1854.—Persons born out of the United States, of fathers 
then citizens, declared citizens. 

Wives of citizens, deemed citizens, if the said wives could lawfully have 
been naturalized before or after marriage. 

O 

The 10th Article of amendments to the Constitution of the United States, 
declares that, “the powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it to the States, are reserved to the States respec¬ 
tively or to the people.” A State therefore, though it can no longer natural¬ 
ize aliens, may yet confer upon them many of the privileges resulting from 
naturalization. Those privileges are municipal and local, having no reference 
to foreign governments: they are only “ municipal rights of citizenship.” The 
Constitution of Michigan permitted aliens to vote who resided there at its 
adoption, and it was approved by Congress. In some States the incapacity 
of aliens to inherit lands is entirely removed. “ The celebrated Ordinance , 
Sand. eiiy. 662 . passed J uly 13,1787. ‘For the government of the territory of 
the United States north wrest of the Ohio river,’ permitted aliens to vote if 
they were freeholders.” 

The United States’ laws allow naturalization only to “free white aliens.” 
What proportion then of African blood will debar the alien from the rights 
of citizenship? In Indiana and Virginia, if he has one fourth part or more 


13 


of negro blood, lie is regarded as a mulatto. The Courts of Ohio held that 
all men nearer white than black, are to be deemed white within the Constitu- 
2 Kent. Com. 37 . t’on of that State. There is no law or judicial decision on this 
point, in the State of New York. By the law of this State, Indians are not 
regarded as citizens, but “ distinct tribes protected by the State,” and incapa¬ 
ble of becoming citizens by the existing Acts of Congress, 

The first Constitution of New York (1777) declared it to be in the dis¬ 
cretion of the Legislature to naturalize aliens, and required all persons born 
out of the United States who were naturalized, to take an oath of allegiance 
to New York, and “ abjure and renounce all allegiance and subjection to all 
and every foreign king, prince or potentate and state, in all matters ecclesias¬ 
tical as well as civil.” 

This provision was omitted in the Const, of 1821. The present Constitu¬ 
tion (1846), probably the most democratic of any State in the Union, limits 
the elective franchise to male citizens ; requires the Governor and Lieutenant 
Governor to be citizens of the United States *— authorizes male citizens to be 
admitted to practice in all the Courts of this State; excludes aliens in the 
enumeration of inhabitants necessary to constitute Senate and Assembly dis¬ 
tricts, and declares that laws shall be made for ascertaining by proper proofs, 
the citizens who shall be entitled to the right of suffrage. 

Since the formation of the State of New York, its Legislature at nearly 
every session has authorized aliens by name to purchase and hold real property. 

The names of more than twenty-five hundred of such persons appear on 
our statute books: among them those §>i John Jacob Astor, Thomas Addis 
Emmet, and others of note and influence. These Acts generally provided 
that the lands should escheat, if the said alien, if alive, was not within a limit¬ 
ed period naturalized; they sometimes limited the quantity of land he might 
hold in the county of New York, confirmed his conveyances, &c. 

The following is the 1st Section of an Act of 1789, and exhibits the exer¬ 
cise of the State right of naturalization before the adoption of the United 
States Constitution: 




14 


AN ACT. 

An Act to naturalize the persons therein named, and to prevent the 
avoidance of titles in certain cases, by reason of Alienism. Pass¬ 
ed 28 th February, 1789. 

1 . Be it enacted by the People of the State of New 

Said persons de . . , 

dared to be natural- York, represented in Senate and Assembly, and it is here- 

isred, and after bav- tit . . 

ing taken the oath by enacted by the authority of the same. 1 hat the above 
^urutiim^to 6 beacon- named persons shall be, and they are hereby respectively 
side red as citizens. naturalized, and shall, from and after having taken and 

subscribed, in any court of record within this State, the oath of allegiance to 
this State, and abjured and renounced all.allegiance and subjection to all and 
every foreign king, prince, potentate, and State, in all matters ecclesiastical, as 
well as civil, be deemed citizens of this State, to all intents, constructions 
and purposes whatever. 


The following preamble exhibits the spirit of the State Legislature in 1802: 
An Act to enable Aliens to purchase and hold real estate within this 
State, under certain restrictions therein mentioned. Passed 
March , 20 th, 1802. 

Whereas, many good and industrious persons, being aliens, have emigrated 
to this State, with an intention to settle and reside therein, and have expend¬ 
ed the greater part of their capital in purchasing and improving real pro¬ 
perty : and whereas such emigrations have tended to promote as well, an im¬ 
provement in the agriculture as the manufactures of the State; and it is 
deemed just and right, not only to protect the property which they have ac¬ 
quired, but, also to encourage others to settle and reside within this State, by 
enabling them to purchase and hold real property. 


CONTENTS 

1 . Alien inhabitants, purchases of lands made by them; valid. 

2 . Provided they do not exceed 1000 acres. 

3. Aliens on selling their lands, capable of taking mortgages. 

4. Titles of land, derived from aliens, not to be impeached. 

5. Provided they are not for military or bounty lands. 




15 


6. Recording of certain conveyances, time for, extended. 

1804-5. Act of 1802 extended. 

1807. Title of citizeus not impeachable for alienism. 

1808. Authorized to take*lands by devise or descent. 

1814. April 15. An Act to enable certain persons to purchase and hold 
real estate, “met with considerable opposition in the Senate; several names in¬ 
troduced in the bill in the Assembly, were stricken out in the Senate, but 
eventually some were restored, and on the suggestion of the Hon. Morgan 
Lewis, Esq., one of the Senate, that part of the proviso, requiring the persons 
named in the bill to take the oath of allegiance and obligation, was inserted* 
and passed.” 

1815. Authorized persons named to hold real estate and declared that 
lands theretofore acquired by them, should not escheat by reason of alienism 
at time of acquisition. 

1818. In “An act to organize the militia,” it was enacted that the com¬ 
manding officers of each company shall from time to time enroll all able 
bodied free white male citizens, and every able bodied alien , who shall have 
at any time been seized of any real estate within this State, and the sons of 
every such alien, and who may be between the ages of eighteen and forty- 
five years. 

1819. On sale of lands, aliens may take mortgages, and may, or their heirs 
or assigns, repurchase lands sold in certain cases. 

1825. At this date was passed the important “Act to enable resident aliens 
to take and hold real estate, and for other purposes”; it makes him subject to 
military duty — requires deposition or affirmation — disables him from voting, 
serving on jury, or holding any civil office. 

1826. Act of 1825 amended. 

1830. Resident aliens authorized to be executors and administrators. 

1832. An act was passed “Concerning escheats and to derive a revenue 
therefrom.” 

1833. An Act on same subject. 

1834. Last named act amended. 

1837. The word “male” stricken out in the return of the enumeration of 
the inhabitants, from the column of the table, giving “the number of (male) 
persons in the same family who are aliens not naturalized.” 

During this session, the Legislature authorized the Consul or Vice Consul, 
who shall have been appointed for the State of New York, to administer upon 


16 


the goods and estate of any non-resident aliens, deceased, owing allegiance to 
or born in the' government by which said Consul or Vice Consul shall have 
been appointed. No fees allowed him. This act was afterwards repealed. 

1845. Another very important Act, its provisions are to be found in the 
Revised Statutes, (supra.) 

1847. At the Legislative Session of tms year, the office of Commissioner 
of Emigration was created, whose principal duty is to examine into the con¬ 
dition of passengers arriving at the port of New York, in any ship or vessel; 
to provide for the maintenance and support of such as it appears will become 
a charge upon a city, town or county of this State, and to take charge of the 
effects of alien emigrants dying on passage, and of their minor children; to 
provide hospitals for sick emigrants; to employ physicians; and making w 
rious other charitable provisions. 

1848. An Act was passed “for the protection of emigrants arriving in the 
State of New York”, 

1849. d Various Acts and amendments for the protection of emigrants. 

1850. ! Commissioners authorized to purchase docks and piers for their 

1851. j exclusive use. Emigrant boarding houses regulated; persons 

1853. J keeping them compelled to take out a license, those neglecting 

to do so restricted from soliciting emigrants; peisons appointed to board ves¬ 
sels and advise emigrants. Agents, or persons booking emigrant passengers, 
must keep an office and have a license. Agencies of the Commissioners of 
Emigration, established at Rochester, Albany and Buffalo. Heavy penalties 
attached to the violation of lawful provisions, especially, guarding against 
frauds upon emigrants, Ac. &c. 

During the last year (1854) the following joint resolution was passed: 

In Assembly, January 6, 1854. 

Joint Resolution calling the attention of Congress to the sufferings 

of Passengers transported in Emigrant vessels. 

Whereas, During the last twelve months, great and increasing mortality 
has occurred on board of vessels engaged in the business of carrying emi" 
grants to various parts of the United States, and undoubted evidence exists 
that such suffering and death, result from insufficient ventilation; and where¬ 
as, the existing laws are inadequate to secure the emigrants from these 
calamities. 

Therefore, Resolved, (if the Senate concur) That we respectfully ask the 


17 


Congress of the United States to investigate this important subject, and enact 
such laws as may be necessary to secure the health of passengers on emi¬ 
grant vessels. 

Resolved, That the foregoing preamble and resolution, duly authenticated, 
be forwarded to our Senators and Representatives in Congress. 

By order, 

R. V. SHERMAN, Clerk. 

In the passage of these resolutions, the Senate duly concurred, and in 
furtherance of them, the Commissioners of Emigration through their agents 
at Washington, are now (Feb., 1855) endeavoring with, we know not what 
success, to induce Con rress to take action upon them. 

The position has b jen assumed by a distinguished Member of Congress, 
that the right of legislation in respect to Emigration, is reserved by the Con¬ 
stitution to the several States. 

It is not necessary to refer to the discussions at this time prevalent in the 
United States on the subject of Alienage and Naturalization. This publication 
is intended merely as a collection of the Naturalization Laws, published with 
these brief and general comments, for the use of citizens of all parties and 
shades of opinion. 

A bill has been introduced at the present Session of Congress to amend 
the Naturalization laws, of the merits of which the compiler hereof is not 
cognizant, and therefore simply states the fact, leaving the reader, (if he see 
fit,) to examine it and decide for himself what position he will take in rela¬ 
tion to it, and the subject of Naturalization and Alienage generally. 


2 


18 


THE ACTS OF CONGRESS 

RELATIVE TO NATURALIZATION, (COMPLETE,) WITH IMPORTANT 
ACTS RESPECTING ALIENS. 

THE FOLLOWING,BEING THE FIRST OF SAID ACTS, WAS APPROVED, MAR. 26, 1790. 

FIRST CONGRESS— Session ii. 

March 26 , 1790 . Chapter hi. —An act to establish an uniform rule of 

Naturalization. 

Repealed by act of Section 1. Be it enacted by the Senate and House 

January 29,1795, ch. f 

20 . Alien whites 0 f Representatives of the United States of America . in 

may become citizens J •* J .... 

and how- Congress assembled, That any alien being a free white 

person who shall have resided within the limits and under the jurisdiction of 
the United States, for the term of two years, may be admitted to become 
a citizen thereof, on application to any common law court of record, in any 
one of the States wherein he shall have resided for the term of one year at 
least, and making proof to the satisfaction of such court, that he is a person of 
good character, and taking the oath or affirmation prescribed by law, to sup¬ 
port the Constitution of the United States, which oath or affirmation such 
court shall administer, and the Clerk of such court shall record such ap¬ 
plication and the proceedings thereon, and thereupon such person shall be 
considered as a citizen of the United States, And the children of such per¬ 
sons so naturalized, dwelling within the United States, being under the age 
of twenty-one years at the time of such naturalization, shall also be consid¬ 
ered as citizens of the United States. And the children 
of citizens of the United States that may be born beyond 
sea, or out of the limits of the United States, shall be 
considered as natural born citizens : 

Provided , That the right of citizenship shall not descend to persons 
whose fathers have never been resident in the United States: 

Provided also , That no person heretofore proscribed by any state shall 
be admitted a cjtizen as aforesaid, except by an act of the Legislature of the 
state in which such person was proscribed. 

Approved March 26, 1790. 


Their children re¬ 
siding here deemed 
citizens. Also chil¬ 
dren of citizens born 
beyond sea, See. Ex¬ 
ceptions. 




19 


APPROVED JANUARY 29, 1^95. 


THIRD CONGRESS— Session ii. 

Chapter xx, —An act to establish an uniform rule of naturalization, and 
1 3 ,Repealed to repeal the act heretofore passed on that subject. 

i 802 * c £h! 28 ? pri1 I4 ’ For carrying into complete effect, the power given by 
the Constitution, to establish an uniform rule of naturalization throughout 
the United States : 


becomeTcitiz^n 11147 Section i. Be it enacted by the Senate and House of 

Representatives of the United States of America in Congress assembled , 
That any alien, being a free white person, may be admitted to become a citi¬ 
zen of the United States, or any of them, on the following conditions and not 
otherwise: 


To express his de- First. — He shall have declared on oath or affirmation 

citizen and to re- before the supreme, superior, district or circuit court of 
allegiance. some one of the states or of the territories north-west or 

south of the river Ohio, or a circuit or district court of the United States 
three years at least before his admission, that it was, bona-fide, his intention 
to become a citizen of the United States, and to renounce forever all allegi¬ 
ance and fidelity to any foreign prince, potentate, state, or sovereignty what¬ 
ever, and particularly by name, the prince, potentate, state or sovereignty 
whereof such alien may at the time be a citizen or subject. 

Secondly. —He shall at the time of his application to 
be admitted, declare on oath or affirmation, before some 
one of the courts aforesaid, that he has resided within the United States five 
years at least, and within the state or territory, where such court is at the 
To he sworn or af- time held, one year at least, that he will support the Con- 
ConsfitJt2. P ° rtthe stitution of the United States, and that he doth absolute¬ 
ly and entirely renounce and abjure all allegiance and fidelity to every for¬ 
eign prince, potentate, state, or sovereignty whatever, and particularly by 
To renounce for- name the prince, potentate, state or sovereignty, whereof 
he was before a citizen or subject, which proceedings shall 
be recorded by the clerk of the court. 

Court to be satisfi- Thirdly. —The court admitting such alien shall be sat¬ 

ed of certain things. j g fi ec j that he has resided within the limits, and under the 
jurisdiction of the United States five years; and it shall further appear to their 


To have certain 
residences. 



20 


satisfaction, that during that time he has behaved as a man of good moral 
character, attached to the principles of the Constitution of the United States, 
and well disposed to the good order and happiness of the same. 

To renounce title Fourthly. —In case the alien applying to be admitted 

&c * to citizenship shall have borne any hereditary title, or 

been of any of the orders of nobility, in the kingdom or state from which he 
came, he shall, in addition to the above requisites, make an express renuncia¬ 
tion of his title or order of nobility in the court to which his application shall 
be made, which renunciation shall be recorded in the said court. 

How an alien now Sec. 2. —Provided always and be it further enacted f 
shau become h a That any alien now residing within the limits and under 

zen * the jurisdiction of the United States may be admitted to 

become a citizen, on his declaring an oath or affirmation, in some one of the 
courts aforesaid that he has resided two years, at least, within and under the 
jurisdiction of the same, and one year, at least, within the state or territory 
where such court is at the time held; that he will support the Constitution oi 
the United States, and that he doth absolutely and entirely renounce and ab¬ 
jure all allegiance and fidelity to any foreign prince, potentate, state or sover¬ 
eignty whatever, and particularly by name, the prince, potentate, state or sov¬ 
ereignty, whereof he was before a citizen or subject; and moreover on its ap¬ 
pearing to the satisfaction of the court, that during the said term of two years 
he has behaved as a man of good moral character, attached to the Constitu¬ 
tion of the United States, and well disposed to the good order, and happiness 
of the same; and, where the alien applying for admission to citizenship shall 
have borne any hereditary title, or been of any of the orders of nobility in the 
kingdom or state from which he came, on his moreover making in the court 
an express renunciation of his title or order of nobility, before he shall be en¬ 
titled to such admission, all of which proceedings, required in this proviso to 
be performed in the court, shall be recorded by the clerk thereof. 

How children shall Sec. 3. — And be it further enacted , That the children 
through th*eT r 8 pa- of persons duly naturalized dwelling within the United 
rent8. States, and being under the age of twenty-one years, at. 

the time of such naturalization; and the children of citizens of the United 
States born out of the limits and jurisdiction of the United States, shall be 
considered as citizens of the United States: Provided, That the right of 
citizenship shall not descend to persons whose fathers have never been resi¬ 
dent in the United States. Provided also, That no person hereto¬ 
fore proscribed by any state, or who has been legally convicted of having 


21 


joined the army of Great Britain during the late war, shall be admitted a cit- 
zen as aforesaid, without the consent of the Legislature of the state, in which 
such person was proscribed. 

Former act repeal- Sec. 4. —And be it further enacted, That the act en- 
ed 1790 , ch. 3 . titled “An acf to establish an uniform rule of naturaliza¬ 

tion,” passed the twenty-sixth day of March, one thousand seven hundred and 
ninety, be, and the same is hereby repealed. 

Approved January 29, 1795. 


APPROVED JUNE 18, 1798. 


LAWS OF THE UNITED STATES. 


Vol. 1.—Chap. 71. 

An Act supplementary to, and to amend the Act, enti¬ 
tled, “An Act to establish an uniform rule of naturalization; 
and to repeal the Act heretofore passed on that subject.” 

Sec. 1 . Be it enacted by the Senate and House of Re¬ 
presentatives of the United States of America , in Con¬ 
gress assembled. That no alien shall be admitted to be¬ 
come a citizen of the United States, or of any State, un¬ 
less in the manner prescribed by the act, entitled, “An Act 
to establish an uniform rule of naturalization, and to re- 
Sri he h appS peat act heretofore passed on that subject,” he shall 
besides otherwise h ave declared his intention to become a citizen of the 

conforming to the 

former act. United States five years, at least, before his admission, and 

shall, at the time of his application to be admitted, declare and prove to the 
satisfaction of the Court having jurisdiction in the case, that he has resided 
within the United States fourteen years at least, and within the state or terri¬ 
tory, where, and for which, such court is at the time held, five years at least, 
besides conforming to the other declarations, renunciations, and proofs, by the 
said act required, any thing .therein to the contrary notwithstanding: Pro- 


Repealed. 

Act mf 1802. 

Ch. 28. 

No alien may be¬ 
come a citizen unless 
he shall have declar¬ 
ed his intention to 
become such, five 
years before his ad¬ 
mission act «f 
1795, Ch. 35., and, 
also declare and 
prove 14 years resi¬ 
dence within the 
United States, and 




22 


Provision in favor of 
residents before 29th 
January, 1795, and of 
persons having made 
the declaration of 
their intention to be¬ 
come citizens. 


vided that any alien, who was residing within the limits, 
and under the jurisdiction of the United States, before the 
twenty-ninth day of January, one thousand seven hundred 
and ninety-five, may within one year after the passing of 
this act, and any alien who shall have made the declara¬ 
tion of his intention to become a citizen of the United States, in conformity 
to the provisions of the act, entitled ‘‘An act, to establish an uniform rule of na¬ 
turalization, and to repeal the act heretofore passed on that subject,” may, within 
four years after having made the declaration aforesaid be admitted to become 
a citizen, in the manner prescribed by the said act, upon his making proof 
that he has resided five years at least, within the limits, and under the juris¬ 
diction of the United States: And provided also, That 
no alien, who shall be a native, citizen, denizen, or subject 
of any nation or state, with whom the United States shall be at war, at the 
time of his application, shall be then admitted to become a citizen of the 
United States. 

Sec. 2. That it shall be the duty of the clerk, or other 
recording officer of the court, before whom a declaration 
has been, or shall be, made by any alien, of his intention to 
become a citizen of the United States, to certify and trans¬ 
mit to the office of the Secretary of State of the United States, to be there 
filed and recorded, an abstract of such declaration, in which, when hereafter 
made, there shall be a suitable description of the name, age, nation, residence, 
and occupation, for the time being, of the alien; such certificate to be made 
in all cases, where the declaration has been, or shall be, made before the pass¬ 
ing of this act, within three months thereafter; and.in all other cases, with¬ 
in two months after the declaration shall be received by the court: and in all 
Fee of two dollars to cases hereafter arising, there shall be paid to the clerk or 
Fo e rfeit rl of & ten doi- recording officer, as aforesaid, to defray the expense of 

refusingtc^make'and suc h abstract and certificate, a fee of two dollars; and the 

certify abstracts. olerk or officer to whom such fee shall be paid, or tendered, 
who shall refuse or neglect to make and certify an abstract, as aforesaid, shall 
forfeit and pay the sum of ten dollars. 

Clerks of Court to Sec. 3. That in all cases of naturalization, heretofore 

send to the office of , 

the Secretary of state permitted, or which shall be permitted, under the laws of 

certified records of 1 7 

naturalization. the United States, a certificate shall be made to, and filed 

in the office of the Secretary of State, containing a copy of the record respect¬ 
ing the alien, and the decree, or order of admission by the court before whom 


Alien enemies can¬ 
not become citizens. 


Clerks of Courts, &c. 
to send to the office 
of Secretary of State 
abstracts of the de¬ 
clarations of aliens 
intending to become 
citizens. 




23 


Fee of two dollars to 
the clerk, &c. fir cer¬ 
tificate of naturaliza¬ 
tion. 

Forfeiture of 10 dol¬ 
lars for neglect to 
transmit certificate. 


the proceedings thereto have been or shall be had; and it shall be the duty 
of the clerk, or other recording officer of such court, to make and transmit 
such certificate, in all cases which have already occurred, within three months 
after the passing of this act; and, in all future cases, within two months from 
and after the naturalization of an alien shall be granted by 
any court competent thereto: and in all future cases, there 
shall be paid to such clerk, or recording officer, the sum of 
two dollars, as a fee for such certificate, before the natural¬ 
ization prayed for shall be allowed: and the clerk, or record¬ 
ing officer, whose duty it shall be to make and transmit the certificate afore¬ 
said, who shall be convicted of a wilful neglect therein, shall forfeit and pay 
the sum of ten dollars for each and every offence. 

, „ Sec. 4. That all white persons, aliens, (accredited for- 

All white persons re- . , . A ... 

siding or arriving in eign ministers, consuls or agents, their families and domes¬ 
tic United States to . . ° . 

be reported and re- tics excepted,) who, after the passing of this act, shall con- 
gistered. , . 

tinue to reside, or who shall arrive, or come to reside in 
any port or place within the territory of the United States, shall be reported, 
if free, and of the age of twenty-one years, by themselves, or being under the 
age of twenty-one years, or holden in service, by their parent, guardian, mas¬ 
ter, or mistress, in whose care they shall be, to the clerk of the district court 
of the district, if living within ten miles of the port or place in which their 
residence or arrival shall be, and otherwise, to the collector of such port or 
place, or some officer or other person there, or nearest thereto, who shall be 
authorized by the President of the United States to register aliens; and re- 
Times of making the port as aforesaid, shall be made in all cases of residence 
report, &c. within six months from and after the passage of this act, 

and in all after cases within forty-eight hours after the first arrival or coming 
into the territory of the United States, and shall ascertain the sex, place of 
birth, age, nation, place of allegiance or citizenship, condition or occupation, 
and place of actual or intended residence, within the United States, of the 
Report to be record- alien or aliens reported, and by whom the report is made. 
ed > &c * And it shall be the duty of the clerk, or other officer, or 

person, authorized, who shall receive such report, to record the same in a book 
to be kept for that purpose, and to grant to the person making the report, 
and to each individual concerned therein, whenever required, a certificate of 


Transcript of^re^s- such report and registry; and whenever such report and 

other than'the clerk registry shall be made to, and by, any officer or person au¬ 

to be transmitted to 
the clerk, &c. 


thorized, as aforesaid, other than the clerk of the district 


24 


court, it shall be the duty of such officer, or other person, to certify and trans¬ 
mit within three months thereafter, a transcript of such registry, to the said 
clerk of the district court of the district in which the same shall happen; who 
shall file the same in his office, and shall enter and transcribe the same in a 


book to be kept by him for that purpose. And the clerk, officer, or other 
Fee of 50 cents for persons, authorized to register aliens, shall be entitled to 

each report and re- . „ , , , ,, i 

gistry, &c., and 50 receive, for each report and registry oi one individual, or 
thereof 01 ' tcltilicttte family of individuals, the sum of fifty cents, and for every 
certificate of a report and registry, the sum of fifty cents, to be paid by the 
person making or requiring the same, respectively. And the clerk of the 
district court, to whom a return of the registry of any alien shall have been 


made, as aforesaid, and the successor of such clerk, and any other officer, or 
Clerks of the district person authorized to register aliens, who shall hold any for- 
moxithiy Returns to mer registry, shall and may grant certificates thereof to 
state? epartment ° f the same effect as the original registry might do. And 
the clerk of each district court shall, during one year from the passing of this 


act, make monthly returns to the department of State, of all aliens registered, 
and returned, as aforesaid, in his office. 


Forfeit of two dollars Sec..5. That every alien who shall continue to reside, 

MgiebSSg e t f o imke 0 a or w ^° ^all arrive, as aforesaid of whom a report is re¬ 
report, &c. quired as aforesaid, who shall refuse or neglect to make 

such report, and to receive a certificate thereof, shall forfeit and pay the sum 
of two dollars; and any justice of the peace, or, other civil magistrate, who 


Surety of the peace has authority to require surety of the peace, shall and may> 
Siens be re r gieSiug to on complaint to him made thereof, cause such alien to be 
make a report. brought before him, there to give surety of the peace and 

good behaviour during his residence within the United States, or for such 
term as the justice or other magistrate shall deem reasonable, and until a re¬ 
port and registry of such alien shall be made, and a certificate thereof receiv¬ 
ed, as aforesaid; and in failure of such surety, such alien shall and may be 
Aliens may be com- committed to the common gaol, and shall be there held, 
until the order which the justice or magistrate shall and 
may reasonably make, in the premises, shall be performed. 
And every person, whether alien or other, having the care 
of any alien or aliens, under the age of twenty-one years, 
or of any white’alien holden in service, who shall refuse and neglect to make 
report thereof, as aforesaid, shall forfeit the sum of two dollars, for each and 


mitted to gaol for 
want of surety. 
Forfeiture of two 
dollars by persons 
having the care of 
aliens refusing or ne¬ 
glecting to make re¬ 
port. 


s 


25 


every minor or servant monthly, and every month, until a report and registry, 
and a certificate thereof, shall be had as aforesaid. 

Sec. 6. That in respect to every alien, who shall come 
to reside within the United States, after the passing of this 
act, the time of the registry of such alien shall be taken 
to be the time when the term of residence within the lim¬ 
its, and under the jurisdiction of the United States, shall have commenced, 
in case of an application by such alien, to be admitted a citizen of the United 
States; and a certificate of such registry shall be required, in proof of the 
term of residence, by the court to whom such application shall and may be 
made. 

Penalties to be re- Sec. 7. That all and singular the penalties established 
andtothe useoTthe by this act, shall and may be recovered in the name, and 
informers, &c. to the use, of any person who will inform and sue for the 

same, before any judge, justice, or court, having jurisdiction in such case, 
and to the amount of such penalty, respectively. 

Approved June IS, 1798. 


Certificate of regis¬ 
try of aliens requir¬ 
ed to show the com¬ 
mencement of their 
residence on applica¬ 
tion to he naturaliz¬ 
ed. 


THE CELEBRATED ALIEN ACT OF JOHN ADAMS. 


APPROVED JUNE 25, 1798. 


FIFTH CONGRESS.— Session II. 

Chap, lviii. —An Act concerning Aliens. 

(Expired.) Sec. 1. Be it enacted by the Senate and House of Re¬ 

presentatives of the United States of America in Congress assembled, That 
President may order it shall be lawful for the President of the United States at 
pS? 111 AhenS t0 de " any time during the continuance of this act, to order all 
such aliens as he shall judge dangerous to the peace and safety of the United 
States, or shall have reasonable grounds to suspect are concerned in any 
treasonable or secret machinations against the government thereof, to depart 
out of the territory of the United States within such time as shall be ex- 





26 


Manner of serving pressed in such order, which order shall be served on such 
alien by delivering him a copy thereof, or leaving the 
same at his usual abode, and returning to the office of the Secretary of State, 
by the marshal or other person to whom the same shall be directed. And 
Penalty upon an Aii- in case any alien, so ordered to depart, shall be found at 

found 1 'af iarge. eafter large within the United States after the time limited in 

such order for his departure, and not having obtained a license from the 
President to reside therein, or having obtained such license shall not have 
conformed thereto, every such alien shall, on conviction thereof, be im¬ 


prisoned for a term not exceeding three years, and shall never after be admitted 
if an Alien, ordered to become a citizen of the United States. Provided always , 
ceitaf^proofhe^nay and he it further enacted, that if any alien, so ordered to de¬ 

remain. a llcense t0 part, shall prove to the satisfaction of the President, by evi¬ 
dence to be taken before such person or persons as the President shall direct, who 
are for that purpose hereby authorized to administer oaths that no injury or 
danger to the United States will arise from suffering such alien to reside 
therein, the President may grant a license to such alien to remain within the 
United States for such time as he shall judge proper, and at such place as he 
may designate. And the President may also require of 
such alien to enter into a bond to the United States, in 
such penal sum as he may direct, with one or more sufficient sureties to the 
satisfaction of the person authorized by the President to take the same, con¬ 
ditioned for the good behavior of such alien during his residence in the 
United States, and not violating his license, which license the President may 
revoke whenever he shall think proper. 


President may re¬ 
quire security from 
such Alien. 


The President may Sec. 2. And be it further enacted, That it shall be 
to be removed out lawful for the President of the United States, whenever 

of the U. States. . , . ,, ,, .. „ 

he may deem it necessary for the public safety, to order to 
be removed out of the territory thereof, any alien who may, or shall be in 
prison in pursuance of this act, and to cause to be arrested and sent out of 
the United States such of those aliens as shall have been ordered to depart 
therefrom and shall not have obtained a license as aforesaid, in all cases where, 
in the opinion of the President, the public safety requires a speedy removal. 
Penalty on return- And if any alien so removed or sent out of the United 

States by the President shall voluntarily return thereto, 
unless by permission of the President of the United States, such alien on 
conviction thereof, shall be imprisoned so long as, in the opinion of the Presi¬ 
dent, the public safety may require. 


27 


Masters of vessels to Sec. 3. And be it further enacted, That every master 

make report cou- . J ’ J 

cerning aliens, to and commander of any ship or vessel which may come 

officers of customs- . *. . 1 J 

into any port of the United States after the first day of 

July next, shall immediately on his arrival make report in writing to the col¬ 
lector or other chief officer of the customs of such port, of all aliens, if any, 
on board his vessel, specifying their names, age, the place of nativity, the 

Penalty on failure to country from which they shall have come, the nation to 
do sc. J 7 

which they belong, and owe allegiance, their occupation 
and a description of their persons, as far as he shall be informed thereof, and 
on failure every such master a.nd commander shall forfeit and pay three hun- 
Officers of the cus- dred dollars, for the payment whereof on default of such 
copies of the returns master, or commander, such vessel shall also be holden, 
and may by such collector, or other officer of the customs be detained. And 
it shall be the duty of such collector or other officer of the customs, fortli- 
Circuit and district with to transmit to the officer of the department of state 

courts to have juris- _ A 

diction. true copies of all such returns. 

Marshalls, &c., to Sec. 4. And be it further enacted , That the circuit 
execute orders of the . . 

President. and district courts of the United States shall respectively 

have cognizance of all crimes and offences against this act, and all marshalls 

and other officers of the United States are requested to execute all precepts 

and orders of the President of the United States issued in pursuance or by 

virtue of this act. 

Aliens ordered to be Sec. 5. And be it further enacted, That it shall be 
of their property. lawful for any alien who may be ordered to be removed 

from the United States by virtue of this act, to take with him such part of 
his goods, chatties, jmd other property, as he may find convenient, and all 
property left in the United States by any alien who may be removed as afore¬ 
said, shall be and remain subject to his order and disposal, in the same manner 
as if this act had not been passed. 

Limitation of act. Sec. 6. And be it. further enacted , That this act shall 
continue and be in force for and during the term of two years from the pass¬ 
ing thereof. 

Approved June 25, 1798. 


28 


APPROVED JULY 6, 1798. 


FIFTH COYGRESS— Session ii. 


(Fxpired.) 


In case of war or 
threatened invasion, 
the President shall 
make a proclamation 


Alien enemies how 
to be treated. 


Chap. lxvi. —An act respecting alien enemies. 

Sec, 1 . —Be it enacted by the Senate and House of 
Representatives of the United States of America , in 
Congress assembled , That whenever there shall be a cle 
dared war between the United States and any foreign nation or government 
or any invasion or predatory incursion shall be perpetrated, attempted or 
threatened against the territory of the United States, by any foreign nation or 
government, and the President of the United States shall make public proc- 
Act of July 6, 1812 , lamation of the event, all nations, all citizens, denizens, oi 

cht 130 * subjects of the hostile nation or government, being males 

of the age of fourteen years and upwards, who shall be within the United 
States, and not actually naturalized, shall be liable to be apprehended, restrain¬ 
ed, secured, and removed as alien enemies. And the President of the United 
States shall be, and he is hereby authorized in any even 
as aforesaid, by his proclamation thereof, or other public 
act, to direct the conduct to be observed on the part of the United States to¬ 
wards the aliens who shall become liable as aforesaid, the manner, and degree 
of the restraint to which they shall be subject, and in what cases, and upon 
what security, their residence shall be permitted, and to provide for the re- 
if not chargeable moval of those, who not being permitted to reside within 

with crime against in/, 

the pubnc safety the United States shall refuse or rilglect to depar: there¬ 
for their departure. from; and to establish any other regulations, which shal 1 

be found necessary in the premises and for the public safety: Provided* 
That aliens resident within the United States, who shall become liable as ene¬ 
mies, in the manner aforesaid, and who shall not be chargeable with actual 
hostility, or other crime against the public safety, shall be allowed for the re¬ 
covery, disposal, and removal of their goods and effects, and for their departure, 
the full time which is, or shall be stipulated, by any treaty, where any shall 
have been between the United States and the hostile nation or government, of 
which they shall be natives, citizens, denizens, or subjects; and where no such 
treaty shall have existed, the President of the United States may ascertain and 
declare such reasonable time as may be consistent with the public safety, and 
according to the dictates of humanity and national hospitality. 



29 


Sec. 2. —And be it further enacted , That after any 
proclamation shall he made as aforesaid, it shall he the du¬ 
ty of the several courts of the United States, and of each 
state, having criminal jurisdiction, and of the several judges 
and justices of the courts of the United States, and they 
shall he, and are hereby respectively, authorized upon 
complaint against any alien or alien enemies as aforesaid, who shall be resident 
and at large within such jurisdiction, or -district, to the danger of the public 
peace or safety, and contrary to the tenor or intent of such proclamation, or 


All courts of crim¬ 
inal jurisdiction and 
also the judges of tho 
courts of the United 
States may receive 
and hear complaints 
against alien ene¬ 
mies and make an 
order thereon. 


other regulations which the President of the United States shall and may es¬ 
tablish in the premises, to cause such alien or aliens to be duly apprehended 
and convened before such court, judge or justice, and after a full examination 
and hearing on such complaint, and sufficient cause therefor appearing, shall 
and may order such alien to be removed out of the territory of the United 
States, and to give sureties of their good behavior, or to be otherwise restrain¬ 
ed conformably to the proclamation or regulations which shall and may be 
established as aforesaid, and may imprison or otherwise secure such alien or 


aliens until the order which may and shall be made, as aforesaid, shall be 
performed. 


Marshalls of the Sec. 3. —And be it further enacted , That it shall be 
lor their removaifor the duty of the marshall of the district in which any alien 
a wan-ant. Sha11 have enemy shall be apprehended, who by the President of the 
United States, or by order of any court, judge, or justice, as aforesaid, shall 
be required to depart, and to be removed as aforesaid, to provide therefor and 
to execute such order by himself or his deputy, or other discreet person or 
persons, to be employed by him by causing a removal of such alien out of tho 
territory of the United States, and for such removal the marshall shall have 
the warrant of the President of the United States, or of the court, judge or 
justice, ordering the same, as the case may be, 

Approved July 6, 1798. 


30 


APPROVED APRIL 17. 1800 


SIXTH CONGRESS— Session i. 

Chap. xxv. —An act to extend the privilege of obtaining patents for use¬ 
ful discoveries and inventions, to certain persons therein mention¬ 
ed, and to enlarge and define the penalties for violating the rights 

(Repealed ) 0 f patentees: 

Sec. 1. —Be it enacted by the Senate and House of 
Representatives of the United States of America in 
Congress assembled, That all and singular the rights and 
privileges given, intended or provided to citizens of the 
United States respecting patents for new inventions, discoveries and improve¬ 
ments, by the act, entitled, “ An act to promote the progress of useful arts, 
and to repeal the act heretofore made for that purpose,” shall be and hereby 
are extended and given to all aliens who at the time of petitioning in the 
manner prescribed by the said act shall have resided for two years within the 
United States, which privileges shall be obtained, used, and enjoyed, by such 
persons, in as full and ample manner, and under the same conditions, limita¬ 
tions and restrictions, as by the said act is provided and directed in the case 
of citizens of the United States. 

Approved April 17, 1800. 


Aliens having re¬ 
sided two 3 ears with¬ 
in the United States 
entitle to t e bene¬ 
fit of the former act. 
Act of February 21, 
1793, ch. 2. 


APPROVED APRIL 14, 1802. 


SEVENTH CONGRESS.— Session i. 


Act of March 20,1804 
chap. 47 


Act of July 30,1813, 
chap.36. 

Act of March 221816 
ch. 32. 

Act of May 26, 1824, 
ch. 136. 


Chap, xxyiii.— An act to establish an uniform rule 
of naturalization, and to repeal the acts heretofore passed 
on that subject. 

Be it enacted by the Senate and House of Represen¬ 
tatives of the United States of America in Congress as¬ 
sembled, That any alien, being a free white person, may 





31 


be admitted to become a citizen of the United States, or any of them on the 
following conditions, and not otherwise: 

First , That he shall have declared on oath or affirma¬ 
tion, before the supreme, superior, district or circuit court 
of some one of the States, or of the territorial districts of 
the United States, or a circuit or district court of the Uni¬ 
ted States, three years at least, before his admission, that 
it was bona fide his intention to become a citizen of the 
United States, and to renounce for ever all allegiance and 
fidelity to any foreign prince, potentate, state, or sovereign¬ 
ty whatever, and particularly, by name, the prince, poten¬ 
tate, state or sovereignty, whereof such alien may, at the 
time be a citizen or subject. 

Secondly , That he shall, at the time of his application 
to be admitted, declare on oath or affirmation, before some 
one of the courts aforesaid, that he will support the constitution of the United 
States, and that he doth absolutely and entirely renounce and abjure all alle¬ 
giance and fidelity to every foreign prince, potentate, state or sovereignty 
whatever, and particularly by name, the prince, potentate, state or sovereignty 
whereof he was before a citizen or subject, which proceedings shall be record¬ 
ed by the clerk of the court. 

Thirdly , That the court admitting such alien shall be 
satisfied that he has resided within the United States five 
years at least, and within the State or territory where such 
court is at the time held, one year at least, and it shall fur¬ 
ther appear to their satisfaction, that during that time, he 
has behaved as a man of good moral character, attached 
to the principles of the constitution of the United States, and well disposed 
to the good order and happiness of the same. Provided , that the oath of 

the applicant shall, in no case, be allowed to prove his residence. 

Fourthly , That in case the alien, applying to be admit- 
is a man of good mor- ted to citizenship, shall have borne any hereditary title, or 
toctied to the Consti- been of any of the orders of nobility in the kingdom or 
states. 01 aC 1116 state from which he came, he shall, in addition to the above 

requisites, make an express renunciation of his title, or order of nobility in the 
court to which his application shall be made which renunciation shall be re¬ 
corded in the said court. 


To swear or affirm 
that he will support 
the Constitution of 
the United States. 

y That he shall havo 
resided in the United 
States five years be¬ 
fore he shall be ad¬ 
mitted a citizen. 


An alien may be¬ 
come a citzeu of the 
United States. 

Section 1st altered by 
sections 3 and 4 of 
act of May 26, 1824. 

On what conditions. 

To declare on oath 
or affirmat i n in the 
supreme or superior 
court or district, or 
circuit court of some 
of the States, or of 
the Unfed States 3 
years before his ad¬ 
mission,his intention 
to renounce forever 
his allegiance to any 
sovereign or slate, of 
which he is a subject. 


32 


Shall renounce every 
title of nobility held 
by him. 

On what condition 
an alien may be na¬ 
turalized who resid¬ 
ed in the U. States 
after the 29th Janu¬ 
ary, 1795. 


Provided. That no alien who shall be a native born 
citizen, denizen, or subject, of any country, state or sover¬ 
eign, with whom the United States shall be at war, at the 
time of his application shall be then admitted to be a citi¬ 
zen of the United States. Provided also , that any alien 
who was residing within the limits, or under the jurisdic- 
of the United States before the twenty-ninth day of January, one thousand 
seven hundred and ninety-five, may be admitted to become a citizen, on due 
proof, made to some one of the courts aforesaid, that he has resided two years, 
at least, within and under the jurisdiction of the United States, and one year 
at least immediately preceding his application, within the State or territory, 
where such court is at the time held, and on his declaring on oath or affirma¬ 
tion that he will support the constitution of the United States, and that he 
doth absolutely and entirely renounce and abjure, all allegiance and fidelity 
to any foreign prince, potentate, state or sovereignty whatever, and particular¬ 
ly by name, the prince, potentate, state, or sovereignty, whereof he was before 
a citizen or subject, and moreover on its appearing to the satisfaction of the 
court, that during the said term of two years, he has behaved as a man of 
good moral character attached to the constitution of the United States and 
well disposed to the good order and happiness of the same, and where the 
alien, applying for admission to citizenship, shall have borne any hereditary 
title, or been of any of the orders of nobility in the kingdom or state from 
Proceedings to be re- which he came, on his moreover making in the court an 


o? r t d he d court he ° lerk express renunciation of his title, or order of nobility, be¬ 
fore he shall be entitled to such admission: all of which proceedings, requir¬ 
ed in this proviso to be performed in the court, shall be recorded by the clerk 
Provision in favor of thereof: and 'provided also, that any alien who was resid- 
the ulstates'between ing within the limits, and under the jurisdiction of the 
) 795 , ^and thTTsth United States at any time between the said twenty-ninth 
day of January, one thousand seven hundred and ninety- 
five, and the eighteenth day of June, one thousand seven hundred and nine¬ 
ty-eight, may within two years after the passing of this act, be admitted to 
become a citizen, without a compliance with the first condition above specified. 

Mode of naturaiiza- Sec. 2. Provided also , and be it further enacted: That 
tion prescribed. . . ,, 

► m addition to the directions aforesaid, all free white per¬ 

sons being aliens, who may arrive in the United States after the passing of 
this act, shall in order to become citizens of the United States make registry, 
and obtain certifficates, in the following manner, to wit: Every person desi- 


.33 


Free white persons 
arriving in the Uni¬ 
ted States to be re¬ 
gistered. 

The 2d section of this 
act was afterwards 
repealed. 


rous of being naturalized shall if of the age of twenty-one 
years, make report of himself, or if under the age of 
twenty-one years, or held in service, shall be reported by 
his parent, guardian, master, or mistress, to the clerk of the 
district court of the district where such alien, or aliens shall 
arrive, or to some other court of record of the United States, or of either of 
the territorial districts of the same, or of a particular state, and such report 
Form of register. shall ascertain the name, birthplace, age, nation, and alle¬ 
giance of each alien together with the country whence he 
or she migrated, and the place of his or her intended settlement: and it shall, 
be the duty of such clerk on receiving such report to record the same in his 
office, and to grant to the person making such report, and to each individual 
concerned therein, whenever he shall be required, a certificate under his hand 
and seal of office of such report and registry, and for receiving and register¬ 
ing each report of an individual or family, he shall receive fifty cents; and 
for each certificate granted pursuant to this act, to an individual or family, 
fifty cents, and such certificate shall be exhibited to the court by every alien who 
may arrive in the United States, after the passing of this act, on his applica¬ 
tion ‘to be naturalized as evidence of the time of his arrival within the United 
States. 

What courts are to Sec. 3, And whereas , doubts have arisen whether cer- 
pabie^f naturaSSg C0U1 ^ S °f record in some of the states are included 

alieus * within the description of district or circuit courts: Be it 

further enacted , that every court of record in an individual state, having com¬ 
mon law jurisdiction, and a seal and clerk or prothonotary, shall be consider¬ 
ed as a district court, within the meaning of this act; and every alien who 
may have been naturalized in any such court, shall enjoy, from and after the 
passing of the act, the same rights and privileges, as if he had been natural¬ 
ized in a district or circuit court of the United States. 

Children of persons Sec. 4. And he it further enacted ,, That the children 
cerS'kws to be d- of parents duly naturalized under any of the laws of the 
States.° f the Umted United States, or who, previous to the passing of any law 
on that subject by the government of the United States, may have become 
citizens of any one of the said States under the laws thereof, being under the 
age of twenty-one years, at the time of their parents being so naturalized, 01 
admitted to the rights of citizenship, shall, if dwelling in the United States* 
be considered as citizens of the United States, and the children of persons 
who now are, or have been citizens of the United States, shall, though born 


e 



34 




out of the limits and jurisdiction of the United States, be considered as citi 
Privilege of citizen- zens of the United States: Provided , That the right of 
chiKn ^ofpemM citizenship shall not descend to persons whose fathers have 
sided 1 \n Ve the'united never resided within the United States: Provided also , 
proscribed,^ic? 18008 that no person heretofore proscribed by any state, or who 
has been legally convicted of having joined the army of Great Britain, dur¬ 
ing the late war, shall be admitted a citizen, as aforsaid, without the consent 
of the Legislature of the State in which such person was proscribed. 

Repeal of former Sec. 5. And be it further enacted \ That all acts hereto- 
act8, fore passed respecting naturalziation, be, and the same are 

hereby repealed. 

Approved April 14, 1802. 




APPROVED MARCH 26, 1804. 


EIGHTH CONGRESS— Session i. 

Chap, xlviii. —An act in addition to an act entitled u An act to establish 
an uniform rule of naturalization, and to repeal the acts here¬ 
tofore passed on that subject.” 

Certain aliens per- • B e to enacted by the Senate and House of Representa- 

ridzens ofthe^nited tives of the United States of America in Congress as - 

wh<f united states be^ sembled , That any alien being a free white person, who 

ny^and i 4 th* April was residing within the limits, and under the jurisdiction 

of the United States, at any time between the eighteenth 
day of June one thousand seven hundred and ninety-eight, and the fourteenth 
day of April one thousand eight hundred and two, and who has continued 
to reside within the same, may be admitted to become a citizen of the United 
States, without a compliance with the first condition specified in the first sec- 
Act of April 14 tion of the act entitled “ An act to establish an uniform 

1802 , ch. 28 . rule of naturalization, and to repeal the acts heretofore 

passed on that subject.” 


# 




35 


After an alien shall Sec. 2. — And be it further enacted, , That when any 
certain dire ctirins alien who shall have complied with the first condition 

dreiT^adcT citizens specified in the first section of the said original act, and 

of the united stutes. who shall have pursued the directions prescribed in the 
second section of the said act, may die, before he is actually naturalized, the 
widow and children of such alien shall be considered as citizens of the United 
Sec. i, referred to States, and shall be entitled to all rights and privileges as 

herein was repealed , . . ° 1 ° 

in 1828 . sucn, upon taking the oaths prescribed by law. 

Approved March 26, 1804. 


APPROVED MARCH 3,1813. 


TWELFTH CONGRESS— Session n. 

Chap. xlii. —An act for the regulation of seamen on board the public 
and private vessels of the United States. 

Be it enacted by the Senate and House of Represen. 
natives of the United States of America in Congress 
assembled , That from and after the termination of the war 
in which the United States are now engaged with Great 
Britain, it shall not be lawful to employ on board any of the public or private 
vessels of the United States any person or persons, except citizens of the 
United States, or persons of color, natives of the United States. 

Sec. 2.— And be it further enacted , That from and 

7 Naturalized citi¬ 
zens when they may after the time when this act shall take effect, it shall not be 
be employed. , 

lawful to employ as aforesaid any naturalized citizen of the 
United States, unless such citizen shall produce to the commander of the pub¬ 
lic vessel, if to be employed on board such vessel, or to a collector of the cus¬ 
toms, a certified copy of the act by which he shall have been naturalized set¬ 
ting forth such naturalization and the time thereof. 

Seamen or sen far¬ 
ing persons not citi¬ 
zens of the United 
States only admitted 
ns passengers on 
Ame: icau vessels up¬ 
on certain conditions 


Sec. 5. — And be it further enacted , That from and 
after the time when this act shall take effect, no seamen or 
other seafaring man, not being a citizen of the United 
States, shall be admitted or received as a passenger on 


After the war citi¬ 
zens of the United 
States only to be em¬ 
ployed in the public 
or private vessels of 
the United States. 




36 


board of any public or private vessel of tbe United States, in a foreign port, 
without permission in writing from the proper officers of the country of which 
such seamen or seafaring man may be subject or citizen. 

Residence of five Sec. 12 .—And be it further enacted , That no person 
states Necessary to who shall arrive in the United States from and after the 
become a citizen. fc ° time when this act shall take effect, shall be admitted to 
become a citizen of the United States, who shall not for the continued term 
of five years next preceding his admission as aforesaid have resided within 
The clause enclosed the United States (without being at any time during 

in parenthesis, was 1 • t . . TT , 

repealed in 1848 . the said five years out of the territory of the United 
States.) 


Penalty for forging Sec. 13 .—Andie it further enacted, That if any 
certificates of citizen- . ,, , , . . ~ 

ship or protections. person shall ialsely make, torge, or counterfeit, or cause or 
procure to be falsely made, forged, or counterfeited any certificate or evidence 
of citizenship referred to in this act, or shall pass, utter, or use as true, any 
false, forged or counterfeited certificate of citizenship, or shall make sale or 
dispose of any certificate of citizenship to any person other than the person 
for whom it was originally issued, and to whom it may of right belong, every 
such person shall be deemed and adjudged guilty of felony; and on being 
thereof convicted by due course of law, shall be sentenced to be imprisoned 
and kept to hard labor for a period not less than three or more than five 
years, or to be fined in a sum not less than five hundred dollars, nor more 
than one thousand dollars, at the discretion of the court taking cognizance 
thereof. 


Contents. Sec. 3. —Lists of crews to be furnished and certified 

previously to the sailing of vessels on foreign voyages. 

Sec. 4. —Supplemental directions may be given by the President with re¬ 
spect to the seamen employed in the United States. Proviso, 

Sec. 5 . —Seamen and seafaring persons, not citizens of the United States, 
only admitted as passengers on American vessels upon certain conditions. 

Sec. 6 .—Interference of consuls and commercial agents admissible in cer¬ 
tain cases. 

Sec. 7. —Penalty for admitting persons not qualified according to this act 
into the service of the United States. 

Sec. 8. —Commanders or owners of private armed vessels subject to pen¬ 
alties for admitting persons contrary to this act: recovery of penalties. 

Sec. 9. —Foreign seamen may be employed in American vessels in for¬ 
eign poi*ts,—conditions. 


37 


Sec. 10.'—Provisions of this act not to he extended to the citizens or sub¬ 
jects of nations which have not adopted its principles. 

Sec. 11.—Not to be a bar to any treaty. 

Sec. 14.—Suits for forfeitures must he commenced within three years. 
Approved March 3, 1813. 


APPROVED JULY 30, 1813. 

THIRTEENTH CONGRESS— Session i. 

Chap, xxxvi. —An act supplementary to the acts heretofore passed on the 
subject of an uniform rule of naturalization. 

Be it enacted by the Senate and House of Represen¬ 
tatives of the United States of America in Congress 
assembled, That persons resident within the United 
States, or the territories thereof on the eighteenth day of 
June in the year one thousand eight hundred and twelve, who had before 
that day made a declaration according to law, of their intention to become 
citizens of the United States, or who by the existing laws of the United States 
were on that day entitled to become citizens, -without making such declaration, 
may be admitted to become citizens thereof, notwithstanding they shall be 
alien enemies at the times and in the manner prescribed by the laws hereto- 
Proviso. fore passed on that subject; Provided, That nothing 

herein contained shall be taken or construed to interfere with, or prevent the 
apprehension and removal agreeably to law, of any alien enemy at any time 
previous to the actual naturalization of such alien. 

Approved July 30, 1813. 


Persons authorized 
to become citizens 
in the United States 
on the 18th June 1812 
a d who had made a 
declaration of their 
intention to become 
citizens of the U. S. 



38 


APPROVED MARCH 22, 1816. 


FOURTEENTH CONGRESS— Session i. 

Chapter xxxii. — An Act relative to evidence in cases of Naturalization. 

Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America, in Congress as¬ 
sembled, That the certificate of report and registry, requir¬ 
ed as evidence of the time of arrival in the United States 
according to the second section of the act of the fourteenth of April, one 
thousand eight hundred and two, entitled, “ An act to establish • an uniform 
rule of naturalization, and to repeal the act heretofore passed on this subject,” 
and also a certificate from the proper clerk or prothonotary of the declaration 
bite^byaiieiJTtSe- ^ nten ^ 0n j made before a court of record and required 
UnTtedstates Actof as drs k condition, according to the first section of said 
April 14,1802, c h28. ac t 5 shall be exhibited by every alien on his application to 
be admitted a citizen of the United States, in pursuance of said act, who shall 
have arrived within the limits, and under the jurisdiction of the United States 
since the eighteenth day of June, one thousand eight hundred and twelve, 
and shall each be recited at full length, in the record of the court, admitting 
such alien; otherwise he shall not be deemed to have complied with the con¬ 
ditions requisite for becoming a citizen of the United States, and any pretend- 
■ Admissions without ed admission of an alien who shall have arrived within the 
SeedingofnJvaSS- limits and imder the jurisdiction of the United States, 

ty - since the said eighteenth day of June, one thousand eight 

hundred and twelve, to be a citizen after the promulgation of this act, with¬ 
out such recital of each certificate at full length, shall be of no validity or ef¬ 
fect, under the act aforesaid. 

Sec. 2. Provided and be it enacted, That nothing herein 
contained shall be construed to exclude from admission to 
citizenship, any free white person who was residing within 
the limits, and under the jurisdiction of the United States 
at any time between the eighteenth day of June, one thousand seven hundred 
and ninety-eight, and the fourteenth day of April, one thousand eight hun¬ 
dred and two, and who, having continued to reside therein without having 
made any declaration of intention before a court of record as aforesaid, may 
be entitled to become a citizen of the United States according to the act of 


Rights of persons 
heretofore settled in 
the United States be¬ 
tween the 18th June, 
1798, and I4th April, 
1802. 


The 1st section was 
afterwards repealed. 
Act relating to na¬ 
turalization March 
25, 1790, Ch. 3. 
January 29, 1795, Vol 
1, 414/ 



39 


* 


the twenty-sixth of March, one thousand, eight hundred and four, entitled, 
Act of March 26, “ An act in addition to an act entitled ‘ An act to estab- 

1804 ' Ch * 47 * lish an uniform rule of naturalization, and to repeal the 

act heretofore passed on that subject.” Whenever any person without cer¬ 
tificate of such declaration of intention, as aforesaid, shall make application 
to be admitted a citizen of the United States, it shall be proved to the satis¬ 
faction of the court, that the applicant was residing within the limits and 
Residence of the ap- under the jurisdiction of the United States before the 
afizech t0 ** uatur * fourteenth day of April, one thousand eight hundred and 
two, and has continued to reside within the same, or he shall not be so admit¬ 
ted. And the residence of the applicant within the limits and under the 
jurisdiction of the United States for at least five years immediately preced¬ 
ing the time of such application shall be proved by the oath or affirmation 
of citizens of the United States; which citizens shall be named in the record 
Certificate of natur- as witnesses. And such continued residence within the 
aiization. limits and under the jurisdiction of the United^tates, when 

satisfactorily proved, and the place or places where the applicant has resided 
for at least five years, as aforesaid, shall be stated and set forth, together with 
the names of such citizens in the record of the court admitting the applicant: 
Otherwise the same shall not entitle him to be considered and deemed a citi¬ 
zen of the United States. 

Approved March 22, 1816. 


APPROVED MAY 26, 1824. 

EIGHTEENTH CONGRESS— Session i. 

Chap, clxxxvi. —An Act in further addition to “An act to establish an 
uniform rule ot naturalization; and to repeal the acts 
heretofore passed on that subject.” 

Be it enacted by the Senate , and House of Represen¬ 
tatives of the United States of America in Congress as¬ 
sembled ; That any alien being a free white person and a 
minor under the age of twenty-one years, who shall have 
resided in the United States three years next preceding his arriving at the 


Act of March 26 1790 
Ch. 3. 

Conditions on which 
an alien being' a free 
white person and a 
minor may become 
a citizen of the Uni¬ 
ted States. 



40 


age of twenty-one years, and who shall have continued to reside therein to 
the time he may make application to be admitted a citizen thereof, may, after 
he arrives at the age of twenty-one years, and a/ter he shall have resided five 
years, within the United States, including the three years of his minority, be 
admitted a citizen of the United States, without having made the declaration 
required in the first condition of the first section of the act to which this is in 
Proviso. addition, three years previous to his admission: Provided 

such alien shall make the declaration required therein at the time of his or 
her admission; and shall further declare on oath, and prove to the satisfac¬ 
tion of the court, that for three years next preceding it has been the bona 
fide intention of such alien to become a citizen of the United States; and 
shall in all other respects comply with the laws in regard to naturalization. 


No certificate of citi¬ 
zenship or naturali¬ 
zation heretofore ob¬ 
tained from any 
court to be deemed 
invalid. 1816, ch. 32. 
Section 2, herein 
made nugatory by 
act of May 24, 1828. 


Sec. 2. And be it further enacted , That no certificates 
of citizenship or naturalization, heretofore obtained from 
any court of record within the United States, shall be 
deemed invalid, in consequence of an omission to comply 
with the requisition of the first section of the act entitled* 


“ An act relative to evidence in cases of naturalization passed the twenty- 
second day of March, one thousand, eight hundred* and sixteen. 

Declaration required Sec. 3. And be it further enacted , That the declara- 
the^mmer act^tcTbe tion required by the first condition specified in the first 

dUions a celtwm con condition of the act, to which this is in addition, shall if 

tt^act e of°May* 26 * the same has been bona fide made before the clerks of either 

1802 ’ of the courts in the said condition named, be as valid as if 

it had been made before the said courts, respectively. 

a Declaration of in- Sec. 4.. And be it further enacted , That a declaration 
ye n arsbefi“e d his ad- b y an y aliel b being a f me white person, of his intended 

ST " hal1 be SUf " application to be admitted a citizen of the United States 


The section alters made in the manner and form prescribed in the first con- 
i 802 ? Ct ° f May 26 ’ dition specified in the first section of the act, to which this 


is in addition, two years before his admission, shall be a sufficient compliance 
with said condition; any thing in the said act, or in any subsequent act to 
the contrary, notwithstanding. 


Approved May 26, 1824. 


i 


i 


41 


APPROVED MAY 24, 1828. 
TWENTIETH CONGRESS — Session i. 


Chap. cxvi. —An Act to amend the acts concerning naturalization. 


Second section of the 
act of April 14, 1802. 
ch. 28,and 1 st Section 
of act of March 22, 
1816, ch. 32,repealed. 


Be it enacted by the Senate and House of Representa¬ 
tives of the United States of America in Congress assem¬ 
bled, That the second section of An act entitled, “ An act 


to establish an uniform rule of- naturalization, and to repeal the acts hereto¬ 
fore passed on that subject, which was passed on the fourteenth day of April, 
one thousand eight hundred and two, and the first section of the act entitled, 
“ An act relative to evidence in cases of naturalization,” passed on the twenty- 
second day of March, one thousand, eight hundred and sixteen, be, and the 


same are hereby repealed. 


Any alien being n 
free white person 
who was residing 
within the limits, &c 
of the United States, 
between April 14, 
1802, and June 18, 
1812, to become a ci¬ 
tizen. 


Sec. 2. And be it further enacted, That any alien be¬ 
ing a free white person, who was residing within the limits 
and under the jurisdiction of the United States, between 
the fourteenth day of April, one thousand, eight hundred 
and two, and the eighteenth day of June, > one thousand, 


eight hundred and twelve, and who has continued to reside within the same, 


may be admitted to become a citizen of the United States, without ha ving 
made any pievious declaration of his intention to become a. citizen: Provided' 
Proviso. That whenever any person, without a certificate of such 


declaration of intention, shall make application to be admitted a citizen of the 
United States, if shall be proved to the satisfaction of the court, that the ap¬ 
plicant was residing within the limits, and under the jurisdiction of the Uni¬ 
ted States before the eighteenth day of June, one thousand, eight hundred 
and twelve, and has continued to reside within the same, or he shall not be 


so admitted: And the residence of the applicant within the limits, and under 
the jurisdiction of the United States for at least five years immediately pre¬ 
ceding the time of such application, shall be proved by the oath or affirma¬ 
tion of citizens of the United States; which citizens shall be named in the 
record as witnesses; and such continued residence within the limits and under 


the jurisdiction of the United States, when satisfactorily proved, and the place or 
places where the applicant has resided for at least five years, as Aforesaid, shall 
be stated and set forth, together with the names of such citizens in the record 


42 


of the court admitting the applicant: Otherwise the same shall not entitle 
him to be considered and deemed a citizen of the United States. 

Approved May 24, 1828. 


APPROVED JUNE 26, 1848. 
THIRTEENTH CONGRESS —Session i. 


Chap, lxxii. —An act to amend the act entitled, “An act for the regula- 
1813 , ch. 42 . tion of seamen on board the public and private vessels of 

Amendatory of the the United States,” passed the third of March, eighteen 
act of March 3, 1813. tundred and thirteen. 


Repeal of clause re- Be it enacted by the Senate and House of Represen- 
reddeuce offiveye’i’s tatives of the UrAted States of America in Congress 

^re^o^To te natum5- assembled; That the last clause of the twelfth section of 

the act hereby amended, consisting of the following words, 
to wit: “ Without being at any time during the said fiver years out of the ter¬ 
ritory of the United States,” be, and the same is hereby repealed. 

Approved June 26, 1848. 


/fss: 

APPROVED FEBRUARY 10, *85*. 

An Act to secure the rights of citizenship to children of citizens of the United 
States, born out of the limits thereof. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled , That persons heretofore born or 
Porsons bom out of hereafter to be born out of the limits of the jurisdiction of 
Sirs ihefrlitizensf United States, whose fathers were, or shall be, at the 
deemed also cuizens. t j me of t h e j r hirth, c j t j zens 0 f United States, shall be 

deemed and considered,, and are hereby declared, to be citizens of the United 
States. Provided however , That the rights of citizenship shall not descend 
to pertons whose fathers never resided in the United States. 




43 


Wives, if capable of Sec. 2. And be it further enacted, That anv woman, 

naturalization deem- * ' J 1 

ed citizens if their who might lawfully be naturalized under the existing laws, 

husbands are citi- , o 

ze “»- married, or who shall be married to a citizen of the United 

States, shall be deemed and taken to be a citizen. « 


STATUTORY RIGHTS, 

AND DISABILITIES OF ALIENS, IN THE STATE OF NEW YORK. 


NEW YORK STATE CONSTITUTION. 

ARTICLE II. 

The Elective Franchise. 

Section 1 . Every male citizen of the age of twenty-one years, who shall 
have been a citizen Jor ten days and an inhabitant of this State one year next 
Qualifications of preceding any election, and for the last four months a re¬ 
sident of the county where he may offer his vote, shall be 
entitled to vote at such election, in the election district of which he shall at 
the time be a resident, and not elsewhere, for all officers that now are, or here¬ 
after may be elective by the people; but such citizen shall have been for 
thirty days , next preceding the election, a resident of the district , from 
which the officer is to be chosen for whom he offers his vote. But no man 
Freehold for persons °f c °l° r > unless he shall have been for three years a citizen 
of color * of this State, and for one year next preceding any election 

shall have been seized and possessed of a freehold estate of the value of two 
hundred and fifty dollars, over and above all debts and incumbrances charged 
thereon, and shall have been actually rated and paid a tax thereon, shall be 
entitled to vote at such election. And no person of color shall be subject to 
direct taxation unless he shall be seized and possessed of such real estate as 
aforesaid. 

Sec. 4. Laws lhall be made for ascertaining, by proper proofs, the citizens 
who shall be entitled to the right of suffrage hereby established. 




44 


The Secretary of State, pursuant to law, compiled and published the elec¬ 
tion laws with the necessary forms and instructions. Among the questions 
to be put on oath by the Inspectors of election to a person challenged who 
has offered to vote, are the following: 

5. Are you a native or naturalized citizen ? \Tf the answer is, that he is 
a naturalized citizen , then ] 

6. When, where, in what court, or before what officer were you naturalized ? 

The inspector may also put “ all such other questions as may tend to test 

the qualifications of the person challenged, as a resident of the town or ward, 
citizenship , and a right to vote at that poll.” These questions will of course 
depend upon the circumstance of each case. 

If any person challenged, refuses to take the preliminary oath, or to answer 
fully any questions put to him, his vote will be rejected. 

If the inspectors of election point out to the person challenged in what 
qualification he appears to them deficient, and he still persists in his claim to 
vote, and the challenge is not withdrawn then one of the inspectors must ad¬ 
minister to him the general oath, as follows: “You. do swear (or affirm as 
the case may be) that you have been a citizen of the United States for ten 
days and are now of the age of twenty one years, that you have been an in¬ 
habitant of this State for one year next preceding this election, and for the 
last four months a resident of this county; that you have been for thirty days 
next preceding this election, a resident of this Assembly district (or Senate or 
Congressional district or districts, ward, town, village, or city, as the case may be 
naming any or all of the foregoing districts, ward, town, village or city from 
which the officer is to be chosen, for whom said person offers to vote) that 
you are now a resident of this town (or ward as the case may be) and of the 
election district in which you now offer to vote; and that you have not made 
any bet or wager, and are not directly or indirectly, interested in any bet or 
wager depending upon the result of this election, and that you have not voted 
at this election. ” 

If any person challenged refuses to take this “ general oath” his vote must 
be rejected. 

If he takes both oaths and fully answers all questions then his vote must 
be received, even if he should be suspected of perjury. 


* 


45 


REVISED STATUTES OF THE STATE OF N. Y., (4 ed) 
Part Second. 

Chapter i. 

Title l 
Article l 
Page 125, 

OF THE TENURE OF REAL PROPERTY. 


oiae? 8 e °ofkX£ SeC ‘ L Tlie P e °P le 0f th{a State in theil * ^ <>f SO 

I7 is we^d3i3 i rl. vereignty are deemed to possess the original and ultimate 
p- 380, § 2 . property in and to all lands within the jurisdiction of the 

State; and all lands, the title to which shall fail from a defect of heirs, shall 
revert or escheat to the people. * 

Sec. 2. All escheated lands, when held by the State or 
its grantees shall be subject to the same trusts, inc.um- 
How trusts exe- brances, charges, rents, and services, to which they would have 
been subject, had they descended; and the supreme court 
shall have power to direct the Attorney General to convey such lands to the 
parties equitably entitled thereto, according to their respective rights, or to 
such new trustee as may be appointed by such court. 

Ail lands allodial. Sec. 3. All lands within this State are declared to be 

Feudal tenures aboi- allodial, so that, subject only to the liability to escheat, the 
entire and absolute property is vested in the owners, ac¬ 
cording to the nature of their respective estates; and all feudal tenures, of 
ir.l.,p. 70 , § 2 to 6. every description with all their incidents are abolished. 


To hold escheated 
land subject to trusts 
Ac. 


Article Second. 

Of persons capable of holding and conveying lands. 

Sec. 8. Citizens of United States capable of holding &c. lands in this State. 

9. Titles of possessors at certain time, of lands, not to be affected by alien¬ 
ism, &c. 

10. Who capable of aliening lands. 

11. Purchases from Indians, since certain time, void, &c. 



46 


12. Indians cannot dispose of or contract for, Ac, land, except, Ac. 

13. Native Indians may hold and convey lands, ceitain may contract, Ac. 
34. The Oneida Indians may hold their lands in severalty, 

15. Conveyances by Oneida Indians how acknowledged. 

16. Attorney for Oneida Indians abolished. 

17. Oneida Indians may convey their lands. 

18. Indians holding in common may partition their lands and hold in se¬ 
veralty in fee simple. 

19. Partition how made. 

20. Conveyances how made and acknowledged. 

21. Lands partitioned not to be alienable for 20 years. 

22. Heirs of certain Indian patentees, may convey in certain manner. 

23. Occupants of lands so conveyed to be paid for improvements. 

24. Resident aliens may make certain deposition. 

25. Right thereafter to hold lands and make certain dispositions of them. 

26. Not to hold lands acquired, previous to making such deposition. 

27. If alien die within six years, his heirs may inherit lands. 

28. Aliens may take mortgages on sale of certain lands, Ac. 

29. Liabilities and incapacities of aliens holding lands. 

30. Naturalized persons may hold lands purchased by or devised, or de¬ 
scended to them, 

81. Vested rights not to be affected by the hist section. 

32. “ Real estate” defined. 

33. Resident aliens who have acquired lands, may on making the deposi¬ 
tion, Ac., hold them. 

34. Their wives shall be entitled to dower whether alien or citizen. 

35. Alien wives of citizens entitled to dower. 

86. Heirs of deceased alien residents may take and hold real estate if citi¬ 
zens, if aliens, on filing depositions, Ac. 

37. Devises of resident aliens may take, Ac. 

89. Alien resident women may take by devise and execute powers, Ac. 

40. Alien resident women may take beneficial interest in lands, under a 
marriage settlement, will or devise. 

41. Certain former grants devises Ac. confirmed. 

42. Aliens holding lands subject to duties Ac. 

43. Provisions of § 28, applicable to §•§ 33 to 44 inclusive. 

44. Rights of bona fide purchasers, Ac., preserved. 


47 


Who capable to hold Sec. Every citizen of tlie United States is capable 
lBnd9 ‘ of hiding lands within this State, and of taking the same 

by descent, devise or purchase. 

Certain titles not to Sec. 9. No title or claim of any citizen of this State 
beaffectedby alien was in the actual possession of lands on the twenty- 

first day of April, one thousand eight hundred and twenty-five, or at any 
time before shall be defeated or prejudiced on account of the alienism of any 
person, through or from whom his title or claims to such lands may have 
been derived. 

Who capable of Sec. 10. Every person capable of holding lands (except 

fATI-Yofi.) and idiots, persons of unsound mind, and infants) seized of, or 
p * 74 ^ 5 - entitled to any estate, or interest in lands, may alien such 

estate or interest at his pleasure, with the effect, Itnd subject to the restrictions 
and regulations provided by law. 

Certain purchaaoa Sec, 11. No purchase or contract for the sale of lands 

(C™st. U art al 7 , , § lSlf* i n this State made since the fourteenth day of October, 
one thousand seven hundred and seventy-five, or which may be hereafter 
made, with Indians in this State, is valid, unless made under the authority 
and with the consent of the Legislature of this State. 

Sales A:c. by Indians Sec. *2. No Indian residing within this State, can 
(Modified^see post § ma ^ e an y contract for or concerning the sale of any lands 
§ 13 . 17.2 r. l. 153 § i. within this State, or in any manner give, sell, devise, or 
otherwise dispose of any such lands, or any interest therein, without the au¬ 
thority or consent of the legislature of this State, except as hereinafter pro¬ 
vided. 

Rights Of native in- Sec * 13 » An y native Mian may, after the passage of 
diftUS * this act purchase, take, hold, and convey lands and real es¬ 

tate in this State, in the same manner as a citizen: and whenever he shall 
have become a freeholder, to the value of one hundred dollars, he shall be 
liable on contracts and subject to taxation, and to the civil jurisdiction of the 
courts of law and equity of this State, in the same manner and to the same 
extent as a citizen thereof. [1843, ch, 87, § 4.] 

.. t .* Sec. 14. The Oneida Indians owning lands in the coun- 

hold in severalty. ties of Oneida and Madison are hereby authorized,to hold 
their lands in severalty, in conformity to the surveys, partitions and sched¬ 
ules annexed to and accompanying the treaties made with the said Indians, 
by the people of this State in the year one thousand, eight hundred and for¬ 
ty-two, and now on file in the office of the Secretary of State, and the lots 


* 


48 


so partitioned and designated by said survey to the said Indians, shall be 
deemed to be in lieu of all claims and interest of the said Iudians, in and to 
all other lands and property in the Oneida Reservation, except the mission lot 
on lot one, and the church lot on lot two, of the Oneida purchase, of May 
23d, 1842, which are to be held by the said Indians as tenants in common. 
[1843, ch. 175, § 1.] 


Conveyances to be Seo. 15. All conveyances of real estate hereafter exe- 
made, declared valid. cu t e d by any Oneida Indian or Indians, may be acknowl 
edged before any justice of the peace, or other officer authorized to take' ac¬ 
knowledgments of deeds. [1847, ch. 486, § 1.] 

office of Attorney Sec. 16. The office of attorney for the Oneida Indians 

perintendent n to per- hereby abolished, and the superintendent of said Indi¬ 

form the dut.es. ans j n adoition to his present duties, is hereby authorized 
and required to perform the duties heretofore required of such attorney, and 
shall be entitled to receive an annual salary of twenty-five dollars, and no 
more, for all services he may perform for said Indians, [same ch. § 2.] 

Indians may sell. Sec. 17. Twenty-five dollars a year for two years are 

hereby appropriated to pay said salary out of any money in the state treasu¬ 
ry not otherwise appropriated; but said office of superintendent shall not 
continue beyond two years from the passage of this act; and thereafter said 
Indians shall have power to sell and convey their real estate the same as if 
they were natural born citizens of this State, [same ch. § 3.] 

Nations or tribes of Sec. is. All nations, tribes and bands of Indians who 

Indians in tins Stato 

how to hold land. 0 wn and occupy Indian reservations within this State, and 
hold lands therein as the common property of such nations, tribes or bands, 
may by the acts of their respective Indian governments, divide such common 
lands into tracts or lots, and distribute and partition the same, or pails there¬ 
of, quantity and quality relatively considered to and amongst the individuals 
or families of such nations, tribes, and bands respectively, so that the same 
may be held in severalty, and in fee simple, according to the laws of this 
State; but no lands occupied and improved by any Indian according to the 
laws, usages, or custom of the nation, shall be set off to any person other 
than the occupant, or his or her family. [1849, ch. 420, § 7.] 

Deeds of partition Se.c. 19. In case such distribution or partion be made. 

how made and by .... . . , „ r ^ 

whom. the deeds to be made to effect the same, shall be made by 

such officers, agents, or commissioners as said government shall appoint, and 
the commissioners of the land office shall approve, but before any such, deeds 
be executed, the proceedings and acts authorizing such execution, and ap- 


t 




49 


pointing the parties so to do, shall be authenticated and proved before and to 
the satisfaction of the county judge of the county in which the lands to be 
conveyed shall lie, and recorded in the clerk’s office of the county, [same 
ch. § 8.] 

Deeds to be acknowi Sec. 20. Every deed which shall be executed under 
by judge. and in pursuance of such authority, shall be acknowledged 

before such county judge by the parties who shall execute it, and said judge 
shall examine such deeds, and see that they be in due form, and in pursu¬ 
ance of the authority under which they be executed, and endorse on each 
deed his certificate of such examination and acknowledgment, and such cer¬ 
tificates shall authorize the county clerk to record such deeds in the records 
of deeds for his county, [same ch. § 9.] 

Restriction. Sec. 21. No lands thus distributed and partitioned, 

shall be alienable by the grantee thereof, or the heirs of such grantee, for 
twenty years after the date of the recording of the said deed thereof, but they 
may be partitioned amongst the heirs of any grantee who shall die. They 
shall not be subject to any lien or incumbrance by way of mortgage, judg¬ 
ment, or otherwise, [same ch. § 10.] 

Heirs of certain in- Sec. 22. ( Sec . 13.) The heirs of every Indian to 

&c D3 may L0U ' ey ’ w hom land has been granted for military services render- 
i. ’ * ed during the war of the revolution, shall be and are ca¬ 

pable of taking and holding any such lands by descent, in the same manner 
as if such heirs were citizens of this State, at the death of their ancestors; and 
every conveyance executed by such patentee, or his heirs, after the seventh 
day of March, one thousand eight hundred and nine, to any citizen of this 
State, for any such land, shall be valid if executed with the approbation of 
the surveyor general of this State, to be expressed by an endorsement, made 
on such conveyance and signed by him. 

improvements to be g EC . 23. (Sec, 14.) If any land so conveyed shall 

r aid for. 2 R. L. 175 ' 7 . 

55. have been occupied and improved at the time ot such con¬ 

veyance the occupant, his heirs or assigns shall be entitled to be paid for the 
improvements made by them or either of them, in the manner provided in 
the second section of the act entitled “ An act concerning lands in the mili¬ 
tary tract” passed April 8th, 1813. 

when aliens may g ECi 24 . (Sec. 15.] Any alien who has come, or may 

hold. See part §§ 33 , V / tt i cu * l i 

34. and 35. hereafter come into the United States, may make a de¬ 

position or affirmation in writing before any officer authorized to take the 
proof of deeds to be recorded, that he was a resident of, and intends always- 


50 


to reside in the United States, and to become a citizen thereof, as soon as he 
can be naturalized, and that he has taken such incipient measures as the laws 
of the United States require to -enable him to obtain naturalization, which 
shall be certified by such officer, and be filed and recorded by the Secretary 
of State in a book to be kept by him for that purpose, and such ceitificate, 
or a certified copy thereof, shall be evidence of the facts therein contained, 
(as amended 1834, ch. 272.) 


May dispose of them Sec. 25. (Sec. 16.) Any alien who shall make and 

Wend. 230 . 21 do. 59 . file Sll ch deposition, shall thereupon be authorized and ena¬ 
bled to take and hold lands, and real estate, of any kind whatsoever, and may, 
during six years thereafter, sell, assign, mortgage, devise, and dispose of the 
same, in any manner, as he might or could do, if he were a native citizen of 
this State, or of the United States, except that no such alien shall have pow¬ 
er to lease or demise any real estate, which he may take or hold by virtue of 
this provision, until he becomes naturalized. 


Not to hold lands 
previously acquired. 
(Modified § 33 ) Laws 
of 1825, p. 427, §§ 1, 
2 & 3. 


Sec. 26. [Sec. 17.) Such alien shall not be capable of 
taking or holding any lands or real estate, which may have 
descended, or been devised or conveyed to him previously 


to his having become such resident, and made such deposition, or affirmation 


as aforesaid. 


Heirs to inherit in 
certain case. § 30, 
7a1, vol. 1. (Laws 
of 1826, p. 348, § 2.) 


Sec. 27. [Sec. 18.) When such alien shall die within 
six years after making and filing, such deposition, intestate, 
leaving heirs inhabitants of the United States, such heirs 


shall take by descent, and hold any real estate of which such alien died 


seized, in the same manner as they would have inherited, if such alien had 
been, at the time or his death, a citizen of this State. 


AHens 6 may^toke Sec. 28. [Sec. 19.) If any alien shall sell or dispose 

™°pifrchase l d lands ai U rea l estate, which he is entitled by law to hold and 

sold in certain^cascs. depose of, he, his heirs and assigns may take mortgages 

in his or their own name, as a collateral security for the purchase money due 

thereon, or any part thereof, and such mortgagee,, his heirs, assigns or legal 


representatives, or any of them, may repurchase any of the said premises, on 
any sale thereof made by virtue of any power contained in such mortgage 
or by virtue of any judgment, or decree of any court of law or equity, ren¬ 
dered in order to enforce the payment of any part of such money, and may 
hold the same premises, in the like manner, and with the same authority, as 
the same were originally held, by such mortgagor. 


51 


Liabilities and inca¬ 
pacities of certain 
aliens. Laws of 1825, 
p. *27,§ 4. 


Sec. 29. (Sec. 20.) Every alien who shall hold any 
real estate by virtue of any of the foregoing provisions, 
shall be subject to duties, assessments, taxes, and burthens 
as if he were a citizen of this State, but shall be incapable of voting at any, 
election, or of being elected, or appointed to any office, or of serving on any 

j ur y- 

Title confirmed in Sec. Auy naturalized citizen of the United States, 
certain cases. who may have purchased, or taken a conveyance for any 

lands, or real estate within this State, or to whom any such lands or real es¬ 
tate may have been devised, or to whom they would have descended if he 
had been a citizen at the time of the death of the person last seized, before 
he was qualified to hold them by existing laws, may continue to hold the 
same in like manner, as if he liad been a citizen at the time of such purchase 
devise, or descent cast; and all conveyances, by deed or mortgage, heretofore 
made by such naturalized citizen are hereby confirmed. [1843, ch. 87, § 1.] 
Saving clause. Sec. 31. This act shall not affect the rights of the State 

in any case in which proceedings for escheat have been instituted, nor the 
rights of any person or persons, whose interest may have become vested in 
any such lands or real estate, [same, ch. § 3.] 

Real estate. Sec. 32. The words “ real estate,” as used in this act, 

comprehend equitable, as well as legal estate, [same ch. § 5 ] 

Aliens who acquired Sec. 33. Any alien resident in this State, who has here- 
poaitions! 6 fihUg de " tofore purchased, and taken, or may hereafter purchase and 
take a conveyance of any lands or real estate within this State, or to whom 
any lands or real estate has been or may hereafter be devised, before making 
and filing in the office oi Secretary of State, the deposition or affirmation in 
writing, specified in the fifteenth 1 section of the first title in the first chapter 
of the second part of the Bevised Statutes, may, on making and filing such 
deposition or affirmation, hold the real estate granted, conveyed or devised 
to such alien, in the same manner, and with the like effect as if such alien at 
the time of such grant,,conveyance, or devise, were a citizen of the United 
States. [1845, ch. 115, § 1.] 

Sec. 34 The wife of any alien resident in this State, 
who has heretofore taken by conveyance, grant, or devise, 
any real estate, and become seized thereof, and who has died before the pass¬ 
ing of this act, and the wife of any alien resident of this State, who may 
hereafter take by conveyance, grant, or devise, any real estate within this State, 
shall be entitled to dower therein, whether she be an alien or citizen of the 


Rights of wires of 
aliens. 



52 


United States, but no sucb dower shall be claimed in lands granted or com 
veyed by the husband before this act shall take effect, [same ch. § 2.] 

Right of dower of Sec. 35. Any woman being an alien, who has hereto- 
ahen women. fore married, or may hereafter marry a citizen of the Uni¬ 

ted States, shall be entitled to dower in the real estate of her husband, within 
this State, as if she were a citizen of the United States, [same ch. § 3.] 

Heirs of deceased ai- Sec. 36. If any alien resident of this State who has 
ing S aud P holding real purchased and taken, or hereafter shall purchase and take 
estate. 5 Demo, 545 . a conveyance of real estate within this State, has died, or 
shall hereafter die, leaving persons, who according to the statutes of this State, 
would answer the description of heirs of such deceased alien, such person so 
answering the description of heirs to such deceased alien, whether they are 
citizens or aliens, are hereby declared and made capable of taking and hold¬ 
ing, and may take and hold as heirs of such deceased alien as if they were 
citizens of the United States, the lands and real estate owned and held by 
such alien at his death, in the like manner, and with the effect as if such alien 
at his death were a citizen of the United States, but if any of the persons 
answering the description of heirs to such alien, are males of full age, they 
shall not hold the real estate hereby made descendable to them as against the 
State, unless they are citizens of the United States, or in case they are aliens, 
unless they make and file in the office of the Secretary of State the deposi¬ 
tion or affirmation mentioned in the first section of this act. [1845, ch* 
115, § 4.] 


Effect of conveyan- Sec. 37. Any resident alien of this State, who has pur- 
die. wl10 chased and taken a conveyance, or who shall purchase, or 

take a conveyance of real estate within this State, and has died, or shall die 
after devised, or convey the same, the devisee or grantee of such real estate 
may take and hold, and is hereby declared capable of holding the real estate 
so granted or devised whether such grantee or devisee be a citizen or alien, 
according to the nature and effect of such grant or devise; but no devisee or 
grantee of full age who is an alien shall hold such real estate as against the 
State, unless he make and file in the office of the Secretary of State the de¬ 
position or affirmation mentioned in the first section of this act. [same ch. § 5.[ 
Aliens who file depo- Sec. 38. Any resident alien who has purchased and 
1 taken by deed or devise any real estate within this State, 
Demo, 545. or who may hereafter purchase and take by deed or devise 

any real estate within this State, and who has made and filed, or shall make 
and file in the office of the Secretary of State, the deposition in the first sec- 


53 


tion of this act mentioned, may grant and devise sucli real estate to any cit¬ 
izen of the United States or to any alien resident of this State in the same 
way and to the like effect, and to and for the same purposes as if such alien 
were a citizen of the United States, tut no resident male alien of full age 
shall hold any lands so granted or devised to him as against the State, unless 
he make and file in the office of the Secretary of State the deposition or af¬ 
firmation in the first section of this' act mentioned, [same ch. § 6.] 


hoid’iandbj^ho wiu ® EC * Every woman being an alien and resident of 
of their husbands. this State, is hereby declared to be, and is hereby made 
capable of taking and holding real estate under the will of her husband, or 
of any person capable of devising any real estate, and she is hereby declared 
to be, and is hereby made capable of executing any and every power in res¬ 
pect to the real estate devised to her, and which may lawfully be created, the 
same as if she were a citizen of the United States, [same ch. § 7.] 

Marriage settlements Sec. 40. Every woman being an alien and resident of 
this State is hereby declared to be, and is made capable of taking any and 
every beneficial interest or estate in any lands or real estate within this State, 
which has been or may be created in her favor, or for her benefit in any mar¬ 
riage settlement, or in any will or devise made by her husband, or of any per¬ 
son capable of devising real estate, subject to all the provisions of law, regu¬ 
lating the creation of uses and trusts* [same ch. § 8.] 

Sec. 41. Every grant, devise, demise, lease or mortgage 
of any lands within this State, heretofore made and exe¬ 
cuted in due form of law by an alien to any citizen of this State, or to any 
resident alien capable of taking and holding any real estate or any beneficial 
interest therein within this State, or which may hereafter be made and execu¬ 
ted by any resident alien capable of taking and holding real estate within 
this State, to any citizen of this State, or to any resident alien capable of 
taking or holding real estate, or any beneficial interest therein, and all rents 
reserved or hereafter reserved on any such lease or demise, and all lawful cov¬ 
enants and conditions m any such lease or demise, are hereby confirmed, and 
shall be deemed and taken to be, as valid and effectual as if made by and be¬ 
tween citizens of this State, [same ch. § 9.] 

Duties Of aliens who Sec - 42 - Evel 7 alien who sha11 h °ld an y real estate by 
hold teal estate. virtue of any of the foregoing provisions, shall he subject 
to duties, assessments, taxes, and burthens, as if he were a citizen of the Uni¬ 
ted States, but shall be incapable of voting at any election, or of being elect¬ 
ed or appointed to any office, or of serving on any jury, [same ch. § 12.] 


Former devises* 
grants, &c., by al¬ 
iens, confirmed. 


54 


Certain provisions Sec. 43 * The provisions of section nineteen (28) of ti- 
appiicabie. tie one, chapter first, part second of the Revised Statutes, 

are hereby made applicable to this act, and all the provisions of title twelve, 
chapter nine, part first of the Revised Statutes, inconsistent with the provis¬ 
ions of this act, are hereby repealed, [same ch. § 13.] 

Saving clause. Sec. 44. Nothing herein contained shallprejudice the 

rights, bona fide acquired by purchase o'r descent, without notice before this 
act shall take effect, [same ch. § 14.] 


REVISED STATUTES 

OF THE STATE OF NEW YORK. 


Chap. vii. Vol. i. Page 371. 

Title hi. 

Section 2. Every person hereafter applying to the legislature for a release 
of lands escheated to the State, shall give the like notice of such application 
in the county where such lands may be situate, and in the State paper, as re¬ 
quired by the third title of the seventh chapter of the first part of the revis¬ 
ed statutes. [1829, ch. 259. 


Vol. i. Page 871. 

Chap. viii. 

Title v. 

General duty. Sec. 1 . It shall be the duty of the Attorney General 

to prosecute and defend all actions, in the event of which, the people of this 
State shall be interested. 





55 


Skc. 12. Whenever an action of ejectment shall be brought for the pur¬ 
pose of escheating lands, or otherwise, for the benefit of the people of this 
State, by the Attorney General or by the direction of the Commissioners of 
the land office, and the nominal plaintiff shall fail therein for any cause, or 
the action shall be discontinued, the defendant shall be entitled to costs in 
the same manner, and to the same extent, as if such action had been brought 
by an individual, which costs, upon being duly taxed, shall be paid out of the 
treasury of this State, on the warrant of the Comptroller. 

Register. Sec. 16. ( Sec . 17.) The Attorney General shall keep 

in proper books to be provided for that purpose, at the expense of the State, 
a register of all actions and demands prosecuted and defended by him in be¬ 
half of the people of this State, and of all proceedings had in relation there¬ 
to, and shall deliver the'same to his successor in office. 


REVISED STATUTES OF THE STATE OF NEW YORK 
Vol. i. Page 558. 

Title xii. 

OF ESCHEATS. 


Sec. 1. Attorney General to bring ejectment for the recovery of escheated 
lands. 

2. Notice of such suits how published. 

3. Contents of such notice. 

4. Effect of judgment. 

5. Special provisions as to place of trial. 

6. When part of a lot is escheated, residue may be sold. 

7. Effects of grants in such cases. 

8. Residue to be appraised, &c. 

9. Attorney General to report recoveries to the Commissioners of the land 
office. 


t 




56 


10. Contract to be fulfilled. 

11. Rights of tenants in possession under verbal contracts. 

12. Lands to be sold on appraisal in certain cases. 

13. Applications for escheated lands. 

14. Payments by applicants. # 

15. Certificates of sale to be given. 

16. Commissioners of the land office may employ agents. 

17. Rule as to costs in suits for escheated lands. 

18 & 19. Proceedings against resident aliens suspended in certain cases. 
Actions for escheats. Sec. 1. Whenever the attorney general shall be inform¬ 
ed, or have reason ta suspect, that the people of this State have title to any 
real estate by escheat, he shall cause an action of ejectment to be brought for 
the recovery thereof, in which action the proceedings shall, in all respects be 
similar to those usually had in other actions of ejectment, except that where 
the premises for which the action is brought are not occupied by any person, 
and no person shall be known as claiming the title thereto, the supreme court, 
on affidavit of such facts, may allow the suit to be brought as against claim¬ 
ants unknown; and the declaration and notice shall be served by publishing 
the same in such manner,.and for such time as the court shall direct; and 
if no person shall appear in said action, the default of the claimants unknown 
shall be entered, and judgment be rendered thereon. [As amended, 1830. ch. 
320. § 63.] 


Notice to be pub¬ 
lished. 


Sec. 2. No such action shall be brought to trial, when 
the lands are occupied, nor shall judgment be taken there¬ 
in, when such lands are vacant, until three months notice shall have been pub¬ 
lished, by order of the commissioner of the land office, in the State paper, 
and also in one public newspaper printed in the city of New York, and in 
one paper printed in the county where the lands shall be situated, or in an 
adjoining county, when there is no paper printed in the county. 93 
Contents. Sec. 3, Such notice shall state the proceedings which 

have been had, for the recovery of said lands, and give a description of the 


same.' 


93 


Effect of judgment. Sec. 4. After any lands recovered in any action against 
claimants unknown, shall have been sold and conveyed under the direction 
of the commissioners of the land office, the judgment recovered in such ac¬ 
tion, shall be conclusive upon the title of such lands, and shall bar all per¬ 
sons claiming or to claim the same or any part thereof, except such claimants 

93. Laws of 1818, page 293, § 2. 1820. page 248, § 5. 


# 


57 


as shall, within five years after the docketing of such judgment, commence 
their action for the recovery of such lands, subject to the like exceptions in 
favor of persons within age, insane, or imprisoned, and of married women, as 
are contained in the statutes of this State regulating the time of commencing 
actions relating to real property. [1830. ch. 620, § 64.] 

Suit, when tried in Sec. 5. Any such action of ejectment, which has been ? 
certain cases. or ma y hereafter be commenced to recover any lands situ¬ 

ated in the military tract in the several counties of Cortland, Tompkins, Sen¬ 
eca, and Oswego may be tried in either of the counties of Onondaga or Cay¬ 
uga, whenever the attorney general, and the attorney for any defendant, shall 
agree thereto, in writing, which agreement shall be filed in the office of one 
of the clerks of the supreme court, and every trial of any such action, pursu¬ 
ant to such agreement, shall have the like effect and validity as if such trial 
were had in the county where such lands are situated . 94 

Effects of escheat of Sec - 6 - [Sec. 5 -] In a11 cases where proceedings have 
a part of a lot. been or shall hereafter be had, whereby any part of any 

lot on the tract set apart for military bounty lands, have been or shall be, by 
judgment of law, escheated to the people of this State, on account of the 
death of the original patentee, without heirs, and before a conveyance, by 
such patentee, or for any other cause, which shall in like manner extend to 
the title of the whole of such lot, the whole and every part of such lot inclu¬ 
ded in the original patent of the same, and which, at the time of such es¬ 
cheat, was not in actual possession of any person or persons, under color of 
title, may be sold by the commissioners of the land office, and granted in the 
manner provided by law for the sale of the unappropriated lands belonging 
to this State. 95 

Grants thereef. Sec. 7. [*SVc. 6 .] Any such grant shall be presump¬ 

tive evidence of the title of the people of this State, and of the grantee there¬ 
in named, but may be rebutted by proof that the premises contained in such 
grant had not in fact escheated to this State. 95 

Occupants. Sec. 8 . 7.] Whenever such proceedings shall 

have been had, as are mentioned in the fifth section of this title, and part of 
a military lot shall have been escheated to the people of this State, for any 
reason which extends to the title of the whole lot, the commissioners of the 
land office may cause the value of the remaining parts of said lot to be ap¬ 
praised as provided in the “ Act for the relief of the occupants of military 

94. Laws of 1820, page 249. § 8. 

95. Laws of 1828, pages 429, 430. 




58 


lands which have escheated to the people of this State,” passed April 13th, 
1819, and the acts amending the same, notwithstanding the necessary pro¬ 
ceedings may not have been had to perfect the title of the people to the 
same; and the occupants of such parts shall thereupon be entitled to all the 
privileges and benefits conferred by the said act, and the several acts amend¬ 
ing the same. 

Report. Sec. 9. [Sec. 8.] The Attorney General shall, from time 

to time, make report to the commissioners of the land office of all escheated 
lands recovered by him, in any action of ejectment brought under this title. 

Lands held under SeC. l0 * Where ianC ^ S ^ iaV6 keen, 0r escheated 

written contract. to t h e p e0 pl e of this State, and the person last seized was 

a citizen, pr capable of taking and holding real estate, the commissioners of 
the land office shall fulfil any contract which may have been made by the 
person so seized, or by any person from whom his title is derived, in respect 
to the sale of any such lands, so far only as to convey the right and title of 
this State, pursuant to such contracts, without any covenants of warranty or 
otherwise, and shall allow all payments which may have been made on such 
contracts, [1831, ch. 116, § 1 ] 

Sec. 11 . If any part of such escheated land shall have 
been occupied under a verbal agreement for the purchase 
thereof as aforesaid, and the occupants shall have made valuable improve¬ 
ments thereon, the same shall be deemed as valid and ineffectual within the 
provisions of this act, as if such agreement had been in writing. [Same ch. § 2.] 

Payments. Sec. 12. In cases where the commissioners of the land of¬ 

fice shall be satisfied that the payments still due on any such contract exceed 
the value of the land exclusive of improvements made by the purchaser, and 
in cases where tenants have occupied any part of such escheated lands, by 
the permission of the person last seized, or of any person from whom his title 
is derived, with a view to the purchase thereof, the said commissioners shall 
cause such land to be appraised, and shall sell the same to the person who 
may have made such contract, or to the tenant who shall have so occupied 
any part of such land, their representatives or assigns, for the appraised value 
of such land, exclusive of improvements, upon such person or tenant comply¬ 
ing with the provisions of this act. [Same ch. § 3. 

Sec. 13. Application for the benefits of the provisions 
of this act, shall be made by the persons entitled thereto, 
within one year after the land in respect to which such application shall be 


Under verbal agree 
meats. 


Applications when 
to be made. 


59 


made, shall have been reported by the attorney general, to the commit ion- 
ers of the land office, as having been recovered. [Same ch. § 4.] 

First payments. Sec.14. When the amount due on any contract shall 

have been ascertained, and when the appraised value of any land shall have 
been obtained as herein provided, the applicants for the benefit of this act, 
shall within such time as the commissioners of the land office shall direct pay 
into the treasury of this State, twenty-five. per cent, of the amount due on 
any such contract, or of the appraised value of such land, as the case may 
be, and execute their penal obligations respectively, for the payment of the 
residue of such amount, or of such appraised value, to the people of this 
State, in six equal annual payments, with interest at the rate of six per cent. 
[Same ch. § 5 ] 

state engineer and Sec. 15. On such payment being made and such obli- 
Sficateof t saEI recer gation being delivered to the (State Engineer and Survey¬ 
or,) he shall give to such purchaser a certificate similar to that required to be 
given by the third article of title fifth of the ninth chapter, and first part of 
the Revised Statutes, to purchasers of unappropriated lands; which certificate 
shall confer on such purchaser, his representatives and assigns, the rights in 
the said article specified, subject to the limitations and conditions therein men¬ 
tioned, in respect to the sale of unappropriated lands. [Same ch g 6 ] 

Agents. Sec. 16. The commissioners of the land office may em¬ 

ploy an agent to explore any lands supposed to be escheated, and to collect 
evidence in relation to such escheat; and the expenses incurred therein, shall 
be paid out of the avails of escheated lands, upon being audited by the com¬ 
missioners, but such expenses shall not exceed the sum of five hundred dollars 
in any one year. [Same ch. § 7.] 

Costs. Sec. 17. In case where lands escheated have been, or 

shall be recovered in suits against tenants in possession of such lands, who 
would be entitled to the benefits of the provisions of this act, and such ten¬ 
ants shall not have contested the recovery by this State, they shall not be 
liable to pay the costs of such suits, but the costs, and charges of the attor¬ 
ney general therein, and also his costs and charges in conducting proceedings 
for the recovery of lands, escheated against unknown owners, or claimants, 
where such lands shall be actually recovered for the payment of which no 
provision is made by law, shall be paid out of the avails of escheated lands, 
on the warrant of the comptroller. [1831, ch. 116, § 8 ] 

Sec. 18. All proceedings to recover lands held by a re¬ 
sident alien, by reason of his alienage, shall be suspended, 


Effect of filing alien 
depositions. 


60 


on his filing in the office of the Secretary of State, the deposition or affirma¬ 
tion mentioned in the first section of this act, and on payment of the costs 
and charges of such proceedings, up to the time of serving a certified copy 
of such deposition or affirmation on the attorney general of this State. 
[1845, ch. 115, § 10.] 

Saving clause. Sec. 19. This act shall not affect the rights of this State 

in any case in which proceedings for escheat have been, or shall before the 
making and filing the deposition or affirmation mentioned in the first section 
of this act mentioned be commenced, or the rights of any person, or person 
whose interests may have become vested in any such lands, or real estate; 
but all proceedings commenced, or hereafter commenced to recover lands, as 
for an escheat, held by a resident alien, shall be subject to the provisions of 
the last preceding section. [Same ch. § 11.] 

No person capable of inheriting under the provisions of 
this chapter shall be precluded from such inheritance by 
reason of the alienism of any ancestor of such person. 

No person shall be capable of holding a civil office, who 
at the time of his election or appointment shall not have 
of twenty-one years, and who shall not then be a citizen of 

Every devise of any interest in real property, to a per¬ 
son who at the time of the death of the testator shall be 
an alien not authorized by statute to hold real estate shall 
be void. The interest so devised shall descend to the hell’s of the testator; 
if there be no such heirs competent to take, it shall past under his will to the 
residuary devisees therein named, if any there be competent to take such 
interest. 

Do. p. 255 . Sec. 3. No person shall be deemed competent to serve as an ex¬ 
ecutor who at the time the will is proved, shall be an alien, not being an in¬ 
habitant of this State. 

No letters of administration shall be granted to a per¬ 
son not a citizen of the United States. 

When a person shall be an alien subject, a citizen of a 
country at war with the United States, the time of the con¬ 
tinuance of the war shall be a part of the period limited 
for the commencement of the action. 


Incompetent to serve 
as executors or ad¬ 
ministrators. 

Do. P.260. Sec. 32. 

In actions by aliens 
time of war to be 
deducted. 

Do. P. 499. Sec. 103. 


The alienism of the 
ancestor is not to 
preclude inheritance 
N. Y. R. S., 4th Ed. 
Vol. 2, page 160, 
Sec. 22. 

Aliens can not hold 
office. 

Do. p. 327, Sec. 1. 
attained the age 
this State. 

Devisees to aliens un 
less authorized by 
statute, to hold real 
estate, void. 

Do. P. 241, Sec. 4. 




61 


Jre e dowabie 0fftUens Thc widow of a »y alien, who at the time of his death 
Do. p.i49. ® ec * L shall be entitled by law to hold any real estate, if she be 
an inhabitant of this State at the time of such death, shall be entitled to 
dower, of such estate, in the same manner, as if such alien had been a native 
citizen. 

Do. p. 266 . Sec. 63. No alien shall be entitled to a jury of part aliens or 
strangers, in any suit whatever. 

Do. p. 917. Sec. 7. No alien shall be entitled to a jury of part aliens or 

strangers for the trial of any indictment whatever. 


ADMISSION OF CITIZENSHIP. 

The act of Congress of April 14, 1802, the greater portion of which is now 
in force and which is the principal act respecting Naturalization and Aliens, 
repealed all previous laws on that subject. The acts since that date have 
been as follows: 

Act of March 26, 1804, ch. 47. 

Act of March 3, 1813, ch. 42. 

Act of July 30, 1813, ch. 36. 

Act of March 22, 1816, ch, 32. 

Act of May 26, 1824, ch. 136. 

Act of May 24, 1828, ch. 116. 

Act of June 26, 1848, ch. 72. 

Act of February 10, 1854, ch. 

Although none of these statutes have been entirely repealed, yet time has 
rendered several of them obsolete. An examination of those now operative will 
more particularly show the conditions of admission to citizenship in the United 
States, a general statement of which is as follows: 



62 


) * .. , 

MODE AND TERMS OF NATURALIZATION. 


In order to be naturalized, any alien being a free white person must declare 
on oath or affirmation before_a State. court of record,, having common law 
jurisdiction, and a seal and clerk, or before a circuit or district co urt of the 
United States, or before a clerk of either of the courts aforesaid, two years at 
least before his admission, that it is bona fide his intention to become a citizen 
of the Uniced States, and to renounce forever all allegiance and fidelity to 
every foreign sovereignty, and particularly by name to his own sovereign. At 
the time of his application for admission to one of the courts aforesaid, he 
must declare before such court, on oath or affirmation, that he will support the 
Constitution of the United States, and that he doth absolutely and entirely 
renounce and abjure all foreign allegiance, and particularly by name his native 
allegiance. These proceedings must be recorded by the clerk of the court. 
The applicant must prove, at the time of his admission, to the satisfaction of 
the court, that he has resided within the United States, five years at least, and 
within the State wherein such court is then held, one year at least: that dur¬ 
ing that time he has behaved as a man of good moral character, attached to 
the principles of the Constitution of the United States, and well disposed to 
the good order and happiness of the same. The oath of the applicant shall 
in no case be allowed to prove his residence. The oath or affirmation of at 
least two citizens of the United States, to that effect, will be required. At 
the same time, if the applicant has borne any title or been of any order of 
nobility, he must expressly renounce it. This renunciation is also to be re¬ 
corded in the said court. He can not be admitted to citizenship at the time 
of his application, if his country is then at war with the United States. If 
he arrives in the United States after the 17th of February, 1815, he must 
prove that he has for the continued term of five years next preceding his ad¬ 
mission, resided within the United States. 

An alien may be naturalized without the previous declaration aforesaid, if 
he shall satisfy the court (in addition to the general requisites) that he was 
residing within the limits and under the jurisdiction of the United States, 
before the 18th day of June, 1812, and has since so continued to reside. 
Moreover, he must prove by the oath or affirmation of at least two citizens of 
the United States, which citizens shall be named in the record as witnesses, 
that he has resided within the limits and under the jurisdiction of the United 



63 


States for at least five years immediately preceding the time of his applica¬ 
tion, and such continued residence when satisfactorily proved, and the place 
or places where the applicant has resided for at least five years, as aforesaid, 
must be stated and set forth, together with the names of the witnesses, in the 
record of the court. 

Any alien being a free white person and a minor under the age of twenty- 
one years, who shall have resided in the United States three years next pre¬ 
ceding his arriving at the age of twenty-one years, and who shall have con¬ 
tinued to reside therein to the time he may make application for admission 
to citizenship, may, after he arrives at the age of twenty-one years, and after 
he shall have resided five years within the United States, including the three 
years of his minority, be admitted a citizen of the United States, wiihout the 
previous declaration aforesaid. Provided , that , at the time of admission, he 
makes the said declaration and declares on oath and proves (probably by his 
own oath) to the satisfaction of *the court, that for three years next preceding, 
it had been his bona fide intention to become a citizen of the United States. 
Provided also , that in all other respects he complies with the laws in regard 
to naturalization. 

“It follows from the first section of the act of May 26, 1824, that all aliens 
who at the time of their arrival in this country are not more than eighteen 
years old, although they may have come since the 18th day of June, 1812, 
conkimg’s Treatise, are a ft er the expiration of five years, provided they are 

then of the age of twenty-one years, and if not, then as soon as they shajl 
have attained that age, entitled to admission, upon the terms provided in the 
proviso of the act, without having two years previously, made a declaration 
of intention, as required of adults who arrive after that date.” 

The widow and children of any alien, who having made his declaration, 
dies before he is actually naturalized, are considered as citizens, and entitled 
to all rights and privileges as such, upon taking the oaths prescribed by law, 

The children of parents duly naturalized, who were under the age of twen¬ 
ty-one years at the time of the naturalization of their parents, are, if dwelling 
in the United States, considered as citizens thereof. 

Persons born out of the limits and jurisdiction of the United States, of 
fathers who were citizens at the time of their birth, are deemed citizens of the 
United States. 

Any woman who might lawfully be naturalized under the existing laws, 
married, or who shall be married to a citizen of the United States is deemed 
to be a citizen. 


« 


i 


64 

MISCELLANEOUS OBSERVATIONS. 


Conkiing’s Treatise. If the alien applies for admission to citizenship to the court 
before which, or before the clerk of which he made his declaration, he may 
prove that declaration by the exhibition of the original record thereof. If 
he applies to a different court, then an exemplification of the record of the 
previous declaration, under the hand and seal of the clerk of said court will 
be necessary. 

The United States Circuit Courts have original cognizance of all civil suits 
where an alien is a party, but their jurisdiction does not extend to suits be¬ 
tween aliens. One party must be a citizen. 

Act of Congress, The District Courts of the United States have cognizance 

sept. 24 ,1789. concurrent with the courts of the several States, or the cir¬ 

cuit courts, as the case may be, of all causes where an alien sues for a tort 
only in violation of the law of nations, or a treaty of the United States. 

3 story on Const. 571 A foreign corporation, not an enemy, all of whose mem¬ 

bers are aliens, established in a foreign country, is entitled to sue in the same 
manner that an alien may personally sue in the courts of the Union. 

As to the compensation of the clerks of courts for their services in the 
Coniding’s Treatise, matter of naturalization, Judge Conkling says, “that for 
such official services as he is not expressly required to perform, such as furnish¬ 
ing to the alien an authenticated certificate of a previous declaration of inten¬ 
tion to be used in another court, or a like certificate of his naturalization, a 
clerk might doubtless with propriety 'exact such fees with the usual addition 
as would be allowed for similar services by the la^vs of the State, or in the 
absence of any local law applicable to the case, such compensation as the court 
should consider reasonable.” 



65 


PRACTICAL FORMS. 


1.—DECLARATION OF INTENTION. 

I A. B. do declare on oath (or affirmation) that it is bona fide , my inten¬ 
tion to become a citizen of the United States, and to renounce forever all 
allegiance and fidelity to every foreign prince, potentate, state or sovereignty 
whatever and particularly to [ here insert the name of the prince , potentate , 
state or sovereignty, whereof the alien may at the time he a citizen or sub¬ 
ject.'] A. B. 

Sworn in open court, this 
day of , 18 , before me 

L. K, Clerk of 


Certificate of Clerk. 

I L. F., clerk of the court of , being a court of record,, 

having common law jurisdiction and a seal and clerk, do hereby certify the 
foregoing to be a correct copy of the original declaration by A. B. of his in¬ 
tention to become a citizen of the United States and to renounce all foreign 
allegiance, remaining on record in my office. 

In testimony whereof I have hereto subscribed my name and affixed the 
seal of the said court, the day of , one thousand eight 

hundred and 

[l. s.J L. F., Clerk. 


2.—OATH TO SUPPORT THE CONSTITUTION, &c. 

I A. B. do declare on oath (or affirmation) that I will support the Con¬ 
stitution of the United States, and that I do entirely renounce and abjure all 
allegiance, and fidelity to every foreign prince, potentate, state, or sovereignty 
whatever, and particularly to [ here insert the name of the prince, potentate, 
state or sovereignty , whereof the applicant was before a citizen or subject .] 

Sworn in open court, this ) A. B. 

day of , 18 , before me >• 

L. F. Clerk of ) 

[If the applicant has home any title or been of any order of nobility , he 
must also expressly renounce it.\ 


5 





66 


3.—OATHS OF CITIZENS TO PROVE RESIDENCE, <fec. 

State of New York, ) gg ^ 
county, [ 

C. D. of and E. F. of being duly sworn do severally de¬ 

pose, and each for himself says, that he is a citizen of the United States; that 
he is well acquainted with the aforesaid A. B.; that the said A. B. has resided 
for the last five years within the United States, and for one year last past 
within the State of New York, and that dining that time he has behaved as 
a man of good moral character, attached to the principles of the Constitu¬ 
tion of the United States, and well disposed to the good order and happiness 
of the same. C. D. 

E. F. 

Sworn in open court, this 
day of , 18 , before me 

L. F. Clerk of 


4— DECLARATION OF INTENTION BY APPLICANT, 

ARRIVING HERE AT OR BEFORE THE AGE OF EIGHTEEN. 

I C. D. do declare on oath (or affirmation) that it has been for three years 
last past and still is bona fide, my intention to become a citizen of the United 
States, and to renounce forever all allegiance and fidelity to every foreign prince, 
potentate, state or sovereignty whatever, and particularly to [here insert the 
name of the prince, potentate, state, or sovereignty whereof the applicant 
may be at the time a citizen or subject .] 

Sworn in open court, this ) C. D, 

dav of ,18 , before me > 

L. F. Clerk of ) 

Moreover, if the applicant has borne any title or been of any order of no¬ 
bility, he must also expressly renounce it. He must also take the oath to 
support the Constitution of the United States, &c. [see form. 2 ] 


5.—OATH OF CITIZENS TO PROVE RESIDENCE (fee., IN THE 
LAST PRECEDING CASE. 

State of New York, ) 
county, j 

E. F. of and G. H. of being duly sworn 
do severally depose and each for himself says, that he is a citizen of the Uni- 




ted States; that he is well acquainted with C. D, aforesaid: Chat the said 
C. D. arrived in the United States while a minor of the age o«f years: 
that lie has arrived at the age of twenty-one years: that for three years next 
preceding thereto he has resided in the United States and has continued to 
reside therein to the present time, and that he has resided therein for five 
years, including the three years of his minority, and for one year last past 
within the State of , and that during that time he has behaved as a 
man of good moral character, attached to the principles of the Constitution 
of the United States, and well disposed to the good order and happiness of 
the same. E. F. 

Sworn in open court, this 1 G. H. 

day of , 18 , before me > 

L. F. Clerk of ) 

[The oath of the applicant alone, has been sometimes deemed sufficient 
in this case.] 


6.—OATH OF CITIZENS IN THE CASE OF RESIDENT BEFORE 
JUNE 18, 1SI2. 

State of New York, ) 

county, ] SS * 

C. D. of , and E. F. of being duly 

sworn, do severally depose, and each for himself says, that he is a citizen of 
the United States; that he is well acquainted with A. B., and that the said 
A. B. has resided within the limits and under the jurisdiction of the United 
States during the five years last past at [here insert the place or places of 
reside noe for said Jive years.~\ C. D. 

Sworn in open court, this I E. F. 

dav of ,18 , before me, > 

L. F. Clerk of ) 

Note.— The oath of the applicant will he sufficient to prove his residence 
lejore June 18, 1812. 


T ,—CERTIFICATE OF CITIZENSHIP. 

United States of America, ) 

State of [ ss. 

county. ) 

Be it remembered, that on the day of , in the year one 

thousand eight hundred and «, A. B. late of , in , now of , in 
the State of , aforesaid, appeared in the court of , being a 




68 

♦ 

court of record, having common law jurisdiction and a seal and clerk, and ap- 
plied to the said court to be admitted to become a citizen of the United States 
of America, according to law: And the said A. B. having thereupon pro¬ 
duced to the court such evidence, taken such oath, and made such declara¬ 
tion and renunciations as are required by law: thereupon it was ordered by 
the said court that the said A. B. be admitted and he was accordingly admit¬ 
ted by the said court to be a citizen of the United States of America. 

In testimony whereof, the seal of the said court is hereunto affixed this 
day of in the year one thousand eight hundred and , and in the 
year of our independence the 

L, F., Clerk. 

[l. s.] By the court. 


8.—DEPOSITION TO ENABLE ALIEN TO HOLD REAL ESTATE 
IN THE STATE OF NEW YORK. 

State of New York, ) 

county. | SS ‘ 

A. B. being duly sworn, doth depose and say, that he is a resident of the 
State of New York, and intends always to reside in the United States and to 
become a citizen thereof, as soon as he can be naturalized; and that he has 
taken such incipient measures as the laws of the United States require, to en¬ 
able him to obtain naturalization. A. B. 

Sworn this day of ) 

18 , before me \ 

C. D., County Judge. 


9.—DECLARATIONS. 

1 .—-By an alien against a citizen of the United States. 

Circuit court of the United States for the 
Circuit and District of 
or 

District Court of the United States 
for the District of 

of term in the 

year 

District of ss. 

A. B. who is a subject of the king (or emperor; or a citizen of the repub- 




lie) of 
State of 


69 


and an alien, complains of C. D. who is a citizen of the 
for that &c. 

2 .—By a citizen of the United States against an alien, 


District of 



A. B. who is a citizen of the State of 
complains of C. D. who is a subject &c., (fee., (or a citizen <fec.), and 
an alien, for that, (fee. 


DECISIONS IN UNITED STATES COURTS. 

The various acts on the subject of naturalization submit the decision upon 
the right of aliens to courts of record. They are to receive testimony, to 
compare it with the law, and to judge on both law and fact. If their judg¬ 
ment is entered on record in legal form, it closes all inquiry, and like other 
judgments is complete evidence of its own validity. Spratt vs. Spratt, 4, 
Peters, 398. 

It need not appear by the record of naturalization, that all the requisites 
presented by law for the admission of aliens to the rights of citizenship have 
been complied with. Stark vs. Chesapeake Ins. Comp., 7 Cranch, 420, 2 
Cond. Rep. 556. 

A certificate by a competent court, that an alien has taken the oath pre¬ 
scribed by the act respecting naturalization raises the presumption that the 
court was satisfied as to the moral character of the alien and of his attach¬ 
ment to the principles of the constitution of the United States. The oath 
when taken confers the rights of a citizen. It is not necessary that there 
should be an order of court admitting him to be a citizen, Campbell vs. 
Gordon, 6 Cranch, 176—2 Cond. Rep. 342. 


DECISIONS IN NEW YORK COURTS. 

If the record of naturalization is valid upon its face, it is conclusive as to 
the regularity of the proceedings and of the naturalization of the alien. And 
such record cannot be contradicted by extrinsic proof that no such declara¬ 
tion of intention had in fact been made. But if the declaration shows no 






70 


declaration made according to tlie act of i802, it seems the naturalization is 
invalid. 3 Barbour, Ch. 438. 

Affidavits are not admissable to prove any of the preliminary facts. The 
oath of the applicant is, it seems, admissable in proof of his good character 
and attachment to the principles of the constitution, but should be corrobo¬ 
rated, and the fact of residence must be proved by citizen witnesses. 

An alien’s minor children bora abroad if residing in the United States at 
the time of his naturalization, become citizens thereby. 8 Paige, 433. 

An alien in whatever manner he may have entered on territory is amena¬ 
ble criminally, for offences committed here even though his sovereign subse¬ 
quently approve his conduct, by avowing the directions under which he did 
it as a lawful act of government. 1 Hill, 377. 

No statute or principle of public policy forbids the enlistment of aliens in¬ 
to the army of the United States, and such enlistments are therefore valid. 
5 Hill’s Rep. 16. 

Feme-coverts and infants of sufficient capacity to understand their rights 
and the nature and obligation of an oath, may be naturalized. 20 Wen¬ 
dell, 345. 

A naturalized citizen cannot divest himself of that citizenship by an oath 
of allegiance to a foreign king merely.; at least he must change his domicil. 
2 John’s Cas., 407. 

No title in case of alienism, vests in the people of the State until after of¬ 
fice found. His naturalization has a retro-active effect, and confirms the title 
of lands purchased during alienage. I John C. 399. 

Naturalization gives the alien all the rights of a natural born citizen: he 
thereby becomes capable of receiving property by descent, and of transmit¬ 
ting it in the same way. It has also a retro-active operation, and lands pur¬ 
chased by an alien who is afterwards naturalized, may be held by him and 
transmitted by him in the same manner as lands acquired after naturaliza¬ 
tion. 7 Wendell’s Rep. 355. 

When an alien purchases real estate in fraud of the law of escheat, and 
takes a conveyance in the name of a third person, either upon an express or 
declared, or a secret trust to permit the alien to receive the rents and profits 
thereof, the interest in such trust belongs to the State, and may be enforced 
in its favor, and for its benefit in a court of equity. Legget vs. Dubois, 5 
Paige, 114. 

But a conveyance of land to a citizen as a trustee, upon an express trust to 
sell the same, as soon as practicable, and to pay over the proceeds thereof to 


71 


a creditor, who is an alien, is a valid trust, and does not subject the interest 
of the alien creditor, in the proceeds of such sale, to forfeiture, as the princi¬ 
ple of public policy which prohibits an alien from holding lands either in his 
own name, or in the name of his trustee, without the consent of the State 
does not apply in such case. Anstice vs. Brown, 6 Paige, 448. 

An alien widow of a natural born citizen cannot be endowed by reason of 
her alienism, and the revised statutes having declared void a devise to an al¬ 
ien not authorized by statute to hold real estate, such widow cannot hold lands 
devised to her by her husband, although after the death of the husband, she 
files within the time limited by the act of 1830, the deposition required to 
be filed by aliens. Mick vs. Mick, 10 Wendell, 379. 

\ married woman who is an alien may be naturalized; but her naturali¬ 
zation has not under the general acts of Congress, a retro-active operation, so 
as to entitle her to dower in lands of which her husband was seized during 
coverture, and which he had aliened previous to her naturalization. Priest 
vs. Cummings, 20. Wendell, 338. 

An alien widow is not entitled to dower although at the time of her mar¬ 
riage her husband w r as also an alien, and held land under the act of 1825 
enabling aliens to purchase and hold real estate. Her husband had llie ca¬ 
pacity to purchase and hold real estate, but she, not having such capacity, 
cannot claim dower in the lands of her husband. Connelly vs. Smith, 21 
Wendell, 59. 

The act of 1845, (Laws 1845, p. 94) does not operate to confirm a title 
previously conveyed by an alien heir of one holding real estate. (Brown vs. 
Sprague, 5 Denio, 545. 

The widow of an alien is entitled to recover dower in lands, against a par¬ 
ty, whose title is derived from her husband, although the husband at the time 
he took the conveyance of the lands, was not entitled to take and hold real 
estate, and such conveyance was not subsequently affirmed by statute. Da¬ 
vis vs. Darrow, 10 Wendell 65. 


72 


OPINION OF JUDGE DEAN ON THE ADMINISTRATION OF 

NATURALIZATION LAWS. 


New York Supreme Court — Dutchess County. 


In the matter of the application of John Clark to become a citizen of the 
United States. 

The petitioner, a native of Scotland, applied to the clerk of this court for 
admission as a citizen. A number of other aliens made a like application. 
The clerk was proceeding to administer the formal oath to the witnesses of 
the respective applicants, when the subject was brought to my notice, and on 
enquiry I learned that the practice had, for many years, been for the clerk to 
receive and pass upon all applications for naturalization, and grant certificates 
without consulting the court, and that the proof on which aliens were admit¬ 
ted to citizenship, did not ordinarily meet any of the requirements of the 
statute. On this state of facts I deemed it my duty to forbid the clerk from 
entertaining any applications of this nature, directing that all should be made 
to the court. The application was then made to the court, and on examina¬ 
tion I found that neither Clark, or any one of the other candidates for citi¬ 
zenship, could furnish proof of a continuous residence within the United 
States, to exceed two or three years, and that each of the applicants was un¬ 
prepared with any proof as to his conduct or character, during that brief pe¬ 
riod. As this decision must change the practice in naturalization cases in 
this court, and affect it in others, it is due to the importance of the subject 
that the reasons on which it is founded should be given. 

There are probably no laws of a public character so imperfectly understood 
and so badly administered as those for the naturalization of foreigners. Among 
the powers which were by the States delegated to Congress was the one to 
‘ establish a uniform rule of naturalization.” This power was exercised the 
year after the formation of the government, by an act approved by Washing¬ 
ton, March 26, 1790. Again, in 1795 and in 1798, in an act approved by 
President Adams. All these acts were repealed in 1802, during the Presi¬ 
dency of Jefferson, when the act was passed, which, though it has been mod¬ 
ified in unimportant particular and in a few instances materially changed, is 
the one now in force, and under which the courts derive their jurisdiction to 
act in the premises. One reason why these la>vs are so imperfectly under- 


I 




73 


stood and so badly administered, is that the statutes of the United States 
have little application to the affairs of tha States, and the best lawyers of the 
several States are usually ignorant of their provisions. By the laws to estab¬ 
lish a uniform rule of naturalization any court in the State possessing com¬ 
mon law jurisdiction, a seal and a clerk, can exercise the power of admitting 
aliens to citizenship. The judges of these State Courts, ordinarily familiar 
only with the laws of their own State, have their time occupied by attending 
to what they regard as their judicial duties, and peimit, if they do not order, 
applications for naturalization to be made to the clerk, whose knowledge of 
the law is derived from the printed blanks which he fills up and signs, on re¬ 
ceiving his fees. By this practice, which, on enquiry, I find is general, if 
not universal, certificates of citizenship are issued indiscriminately and illegal¬ 
ly, without a compliance on the part of the alien with any of the require¬ 
ments of the statutes, except taking the oath of allegiance. 

The first section of the act of 1802, to which I have referred contains the 
following provision:— 

“Any alien being a free white person, may be admitted to become a citizen ot 
the United States, or any of them, on the following conditions, and not otherwise: 

1st. That he shall have declared, on oath or affirmation, before the supreme, supe¬ 
rior, district, or circuit court of some of the States or of the territorial districts of the 
United States, or a circuit or district court of the United States, three years* at least 
before his admission, that it was, bona fide, his intention to become a citizen of the 
United States, and to renounce forever all allegiance and fidelity to any foreign 
prince, potentate, state or sovereignty whatever, and particularly by name, the 
prince, potentate, state, or sovereignty whereof such alien may, ot the time, be a cit¬ 
izen or subject. 

2dly. That he shall, at the time of his application to be admitted, declare, on oath 
or affirmation, before some one of the courts aforesaid, that he will support the con¬ 
stitution of the United States, and that he doth absolutely and entirely renounce 
and abjure all allegiance and fidelity to every foreign prince, potentate, state, or 
sovereignty whatever, and particularly by name the prince, whereof he was before a 
citizen or subject; which proceedings shall be recorded by the clerk of the court. 

3dly. That the court admitting such alien shall be satisfied that he has resided 
within the United States five years at least, and within the State or Territory 
where such court is at the time held, one year at least, and it shall further appear 
to their satisfaction, that during the time he has behaved as a man of good moral 
character, attached to the principles of the constitution of the United States, and 
well disposed to the good order and happiness of the same ; Provided , That the 
oath of the applicant shall, in no case, be allowed to prove his residence.” 

It will be seen that the court, and not the clerk of the court, is to admit 
the alien. And that, as the court, before admitting him, is to be satisfied of 
certain facts, it follows that the powers conferred upon the courts are judicial 
and not ministerial or clerical, and consequently that these powers cannot be 
delegated to the clerks, but must be exercised by the court, and requires an 

♦This, by an amendment, is now “ two” years. 


74 


examination into each case sufficient to satisfy the court of the following 
facts: 

1. Five years continuous residence of the applicant within the United States, and 
one year of like residence within the State or Territory where the court to which 
the application is made is held. 

2. That the applicant during the five years has conducted himself as a person of 
good moral character. 

3. That the applicant is in principle attached to and well disposed towards the 
Constitution of the United States. 

The “ continuous” residence would not perhaps be necessary from the lan¬ 
guage of the section I have quoted, but an amendment, approved, March 3, 
1813, by President Madison, provides: 

That no person who shall arrive in the United States from and after the time when 
this act shall take effect, shall be admitted to become a citizen of the United States 
who shall not for the “continued term of five years next preceding his admission” 
as aforesaid, have resided within the United States, without being at any time dur¬ 
ing the said five years out of the territory of tl»e United States. 

This amendment is now in force, except the words “without being at any 
time during the said five years out of the territory of the United States.” 
These words were, in 1848, in “an act for the regulation of seamen on board 
the public and private vessels of the United States” struck from the section. 
The object of the amendment of 1848 was to allow seamen who w 7 ere actually 
engaged on any of the public or private vessels of the United States, and 
thus in their business were necessarily beyond the limits of our territory, to 
avail themselves of the naturalization laws; but the person drawing the re¬ 
pealing clause made it general instead of an exception in their favor. Whe¬ 
ther Congress should not'restore this provision, making an exception in favor 
of the seaman and the soldier, if is not for me now to say, as I am enquiring 
only what the law is, that it may be administered correctly. 

From the parts of the laws of Congress to which I have referred, I think 
there can be no doubt of the correctness of the position I have taken on the 
subject, and that the practice of the clerks in issuing certificates of citizenship 
without any application to the court and on proof of residence only, is an 
abuse which needs to be corrected. It was never intended by those who en¬ 
acted the act for the naturalization of aliens, that persons who had been trans¬ 
ported for crime— that those who came over here merely because Europe 
was too full for them — but who retained their loyalty of feeling for the 
monarchies they had left, should, because they remained here for the period 
of five years, be entitled to admission to citizenship. The intention was to 

permit those who came here from abroad seeking a permanent home_who, 

by five ypars of continous residence, manifested that intention — and by good 


15 


behavior during all that time, and an attachment to republican principles — a 
good behavior and an attachment to republican principles which could be 
proved to the satisfaction of a court, had shown themselves worthy recipients 
of the benefits to be derived from citizenship — and safe depositories of the 
powers it confers, to be admitted to these powers, by an order entered in open 
court after an examination into the facts of each case— and a judicial decis¬ 
ion upon the application — an examination which should be conducted with 
the same care, and a decision which should be made with the same delibera¬ 
tion and solemnity as that which should accompany every other judicial act. 
Those courts which, instead of administering this law, have by their negli¬ 
gence and inattention practically repealed it, admitting thousands to the rights 
of citizenship who want all the requisites to entitle them to such admission, 
have been guilty of a gross violation of duty and have made the law itself 
odious in the public estimation. Of the wisdom or propriety of our present, 
or of any naturalization laws, it is not my business at this time to speak; my 
duty now is to administer the laws as they are. I am compelled, for the rea¬ 
sons I have stated, to deny the prayer of the applicant, and also to forbid 
the clerk from, in any manner, exercising the power conferred by Congress 
upon the courts. 

This is all that is necessary for me to say in deciding the case now before 
the court; but there are other provisions of the naturalization laws which are 
loosely interpreted, or wholly misunderstood. By the act of May 26, 1824, 
the period between the declaration of intention and granting the certificate 
of citizenship is reduced from three to two years; but this in no mannei*af- 
fects the requirement of five years previous continuous residence. 

The first section of the same act prescribes a different rule for the natural¬ 
ization of aliens who arrived in this country prior to attaining the age of 
eighteen; it is: 

Any alien, being a free white person, and a minor, under the age of twenty-one 
years, who shall have resided in the United States three years, and next preceding 
his arriving at the age of twenty-one years, and who shall have continued to reside 
therein to the time he may make application to be admitted a citizen thereof, may, 
after he arrives at the age of twenty-one years, and after he shall have resided five 
years in the United States, including the three years of his minority, be admitted a 
citizen of the United States, without having made the declaration required in the 
fiist condition of the first section of the act to which this is an addition, three years 
previous to his admission: Provided, such alien shall make the declaration requir¬ 
ed therein at the time of his or her admission ; and shall further declare, on oath 
and prove, to the satisfaction of the court, that for three years next preceding it has 
been a bona fide intention of such alien to become a citizen of the United States, and 
shall in all other respects comply with the laws in regard to naturalization. 

The practical construction of this provision I am informed is for the clerks 


76 


to admit aliens who will make oath they arrived during their minority, on 
proof of three years residence. The true condition is, that it merely does 
away with the necessity of a previous declaration of intention to become a 
citizen, on the part of those who arrive in the country prior to attaining the 
age of eighteen years, but requires, instead of such previous declaration, the 
oath of the party, and also proof that for the three years next preceding, it 
has been the intention of the alien to become a citizen, but in all other re¬ 
spects the act of 1802 and its amendments, are to be complied with by the 
person who applies under this section. 

The act of 1802 provided that no person arriving after the passage of that 
act should become a citizen, unless he had his name, birth-place, age, nation, 
<fcc., registered in the clerk’s office where he arrived, and also the place of 
his intended settlement, and required that the clerk should record this in his 
office, and grant certificates. In 1810, an act still more stringent in its re¬ 
quirements as to the evidence in cases of naturalization, was passed and re¬ 
mained in force until 1828, when these provisions were wholly repealed. 
There are several other statutes relating to the subject of naturalization, which 
are not formally repealed, but which have become obsoleate for want of per¬ 
sons to whom they can be applied. The man who would collect and embody 
in a single act the operative portions of the various statutes on this subject 
with such amendments as experience has shown are necessary to their due and 
faithful execution, would be a public benefactor. While they are, as now, 
scattered through the laws of Congress from 1802 to 1848, it cannot be ex¬ 
pected that the judges of the various courts will undertake the task of ascer¬ 
taining exactly which section and line or word is in force, and which is re¬ 
pealed, consequently the administration of these laws will be loose and defec¬ 
tive, until such an act is passed. And when that is done, and the laws are 
administered in their purity, it will be apparent that the faults have been far 
more in the administration than in the laws themselves. 


/ 


77 


A SYNOPSIS OP THE 

CONSTITUTIONAL AND STATUTORY ENACTMENTS 

OF ALL THE STATES IN THE UNION, 

PERMITTING ALIENS TO VOTE, HOLD OFFICE, &C„ &G. 


Alabama.— Every male citizen of the age of twenty-one years and upwards, 
who shall be a citizen of the United States, having resided in this State one 
year next preceding an election, and the last three months in the city, county, 
or town, in which he offers to vote, shall be deemed a qualified elector. Sec. 
5, Art. 4. Const. 1819. 

Arkansas.' —Every free white male citizen, of the United States twenty- 
one years of age, a resident of the State, six months next preceding the elec¬ 
tion, and of the county in which he claims to vote twenty months, is entitled 
to vote. 

Idiots, insane persons, and persons convicted of infamous crimes are ex¬ 
cepted. Const, adopted 1844. 


Connecticut. —Every white male citizen of the United States who shall 
have gained a settlement in this State; attained the age of twenty-one years, 
and resided in the town in which he may offer himself to be admitted to the 
privilege of an elector, at least six months preceding, and have a freehold estate 
of the yearly value of seven dollars in this State; or having been enrolled in the 
militia, shall have performed military duty therein, for the term of one year 
next preceding the time he shall offer himself for admission, or being liable 
thereto, shall have been, by authority of law excused therefrom; or shall have 
paid a State tax within the year next preceding the time he shall next pre¬ 
sent himself, for such admission, and shall sustain a good moral character, 
shall, on his taking such oath as may be prescribed by law, be an elector. 

The selectmen and town clerk of the 4 several towns shall decide on the qual¬ 
ifications of electors, at such times, and in such manner as may be prescribed 
by law. See Cons’t. Conn. 


California. —Every x^hite male citizen of the United States and eveiy 
white male citizen of Mexico who shall have elected to become a citizen of the 






78 


United States, under the treaty of peace exchanged and ratified at Queretaro 
on the 30th day of May, 1848, of the age of twenty-one years, who shall 
have been a resident of the State six months preceding the election, and the 
country or district in which he claims his vote) thirty days, shall be entitled 
to vote at all elections, which are now or may hereafter be authorized by law. 
[Sec. 10 , and article 2d, Compiled Laws, March 23, 1853.] C. L.- 

Delaware. —Every free white male citizen of the age of twenty-two 
years or upwards, having resided in the State one year next before the elec¬ 
tion, and the last month thereof in the county where he offers to vote, and 
having within two years next before the election, paid a county tax, which 
shall have been assessed at least six months before the election, shall enjoy 
the right of an elector, and every free white male citizen of the age of twenty- 
one years and under the age of twenty-two years, having resided as aforesaid, 
shall be entitled to vote without payment of any tax. Provided , that no 
son in the military, naval, or marine service of the United States, shall be 
considered as acquiring a residence in this State, by being stationed in any 
garrison, barrack, or military or naval place or station, within this State; and 
no idiot, insane person, pauper, or person convicted of a crime, deemed by law 
a felony, shall enjoy the right of an elector. 

Any person having resided within the State removing to a place out of the 
State, with an intention of remaining there an indefinite period of time, as a 
place of present domicil, shall lose his qualification of residence within the 
State, notwithstanding he may intend to return at a future time. The same 
rule applies to removals within the State. [Const, of 1831, and Revised Laws 
of 1852, page 42.] 


Florida. —Every free white male person of the age of twenty-one years, 
a citizen of the United States, a resident of the State two years, and of the 
county in which he may offer his vote, six months, immediately preceding 
the election, and who shall be enrolled in the militia of the State, (unless ex¬ 
empted from militia duty) is a qualified elector; but no person can acquire a 
residence from his occupation as being, soldier, seaman, or marine, in the ser¬ 
vice of the United States, or from being stationed within this State. [Con¬ 
stitution, 1838. 


Georgia.—A n elector must be twenty-one years of age; a citizen and in- 




79 


habitant of the State one year: of the county six months; and have paid all 
the taxes which may have been required of him, and which he has had an 
opportunity of paying agreeably to laws for the year preceding the election. 

In all elections for Governor, or electors of President and Vice President, 
and upon all questions where the voice of the people of Georgia may be de¬ 
sired to be expressed, a person entitled to vote in the county in which he re¬ 
sides, may vote in any county within the State. Provided he has not voted 
elsewhere upon the same question for the same officer. [Const. 1798, and 
laws of 1831.] 


Illinois .—Every white male citizen of the age of twenty-one years, hav¬ 
ing had a residence in the State one year next preceding the election, or who 
was an inhabitant of the State on the first day of April, 1848, can exercise 
the elective franchise* [Laws of Illinois, approved Feb. 12, 1849.] 


Indiana. —In all elections, not otherwise provided for by this constitution, 
every white male citizen of the United States of the age of tw r enty-one years 
and upwards, who shall have resided in the State during the six months im¬ 
mediately preceding such election; and every white male, of foreign birth, 
of the age of twenty-one years and upwards, who shall have resided in the 
United States one year, and shall have resided in the State, during the six 
months next preceding such election, and shall have declared his intention to 
become a citizen of the United States, according to its laws on the subject of 
naturalization, shall be entitled to vote in the town or precinct where he may 
reside. [Art. 2; Constitution 1851.] 

Iowa. —Every white male citizen of the United States, of the age of twenty- 
one years; a resident of the State six months next preceding the election, and 
of the county in which he claims to vote, twenty days, is entitled to vote. 

Idiots, insane persons, and persons convicted of an infamous crime, except¬ 
ed. [Constitution, adopted 1844.] 


Kentucky.— An elector must be a wdiite male citizen of the age of twenty 
one years, having had a residence in the State of two years, and in the coun¬ 
ty in which he offers to vote, one year. [Sec. 8, Art. 2; Const, of 1799 ] 


Louisiana. —Every free white male citizen, two years a citizen of the Uni- 







80 


ted States, of the age of twenty-one years, having resided in the State two 
consecutive years next preceding the election, the last year thereof in the dis¬ 
trict or parish in which he offers to vote, has a right to vote in all elections 
in this State. [Const. 1845.] 

Massachusetts. —All male citizens of the age of twenty-one years (ex¬ 
cept paupers and persons under guardianship) who have resided in the State 
one year, and in the town or district at which they offer to vote six months 
next preceding the election, may vote, provided they have paid all taxes as¬ 
sessed upon them within two years next preceding the day of election. [Con¬ 
stitution, 1844.] 


Maryland. —Every free male citizen above twenty-one years of age hav¬ 
ing resided in the State one year, and six months in the county next preced¬ 
ing the election at which he offers to vote, shall have the right of suffrage. 
[Amended Const, 1840.] 


Michigan. —In all elections every white male citizen above the age of 
twenty-one years, having resided in the State six months next preceding any 
election, or who may be a citizen at the time of the signing of this constitution, 
shall be entitled to vote, and must reside in the township or ward in which he 
offers his vote. [Sec. 1, Art. 2, of Const. 1835.] 


Mississippi. —Every white male citizen of the United States of the age 
of twenty-one years, who shall have resided in the State one year next pre- 
• ceding an election, and four months within the county, city, or town, in which 
he offers to vote, shall be deemed a qualified voter. [Sec. 1, Art. 3, revised 
Const., 1832.] 


Missouri. —Every white male citizen of the United States, of the age of 
twenty-one years, and who shall have resided in the State one year before an 
election; the last three months whereof, shall have been in the county or 
district where he offers to vote, shall be a qualified elector. [Sec. 10, Art. 3, 
of Const. 1820.] 


Maine. —Every male citizen of the United States of the age of twenty- 
one years, and upwards, (excepting paupers, persons under guardianship, and 








81 


indians not taxed,) having his residence established in this State for the term 
of three months next preceding any election, shall be an elector for Governor, 
Senators and Representatives, in the town or plantation where his residence 
is so established. [Sec. 1, Art. 2; Const. 1820.] 


New York. —Every male citizen aged twenty-one years, who shall have 
been a citizen ten days, and are inhabitants of this State one year next pro¬ 
ceeding any election, and for the last four months a resident of the county 
where he may offer his vote, shall be entitled to vote. 

But persons of color, who are possessed of a freehold estate of the value of 
two hundred and fifty dollars, and residents of the State three years, and for 
one year seized of said estate of two hundred and fifty dollars over and above 
all debt and incumbrances charged thereon, and who shall have been actually 
rated and paid af tax thereon, shall be entitled to vote at such election. 

[Sec. 1 , Art. 2; Const. 1846.] 


New Hampshire. —A voter must be twenty-one years of age; a citizen 
of the State six months, and of the town three months next preceding the 
election at which he offers to vote. £R. S., Chap. 24, § 4.] 


New Jersey. —Every white male citizen of the age of twenty-one years, 
having been a resident of the State one year, and of the county in which he 
claims his vote five months, next before the election, shall be entitled to vote 
for all .officers that now are or hereafter may be elected by the people. [Art. 
1, Chap. 1, Revised Statutes; Approved April 10, 1846.] 

Supplemental Act .—Every person entitled to the right of suffrage under 
the constitution, who shall have resided five months in the county next pre¬ 
ceding such town meeting, and who actually resides in the township where 
he claims a vote, shall be entitled to vote at such, meeting, and no other per¬ 
sons. [Approved March 1, 1850.] 


North Carolina. —All persons of the age of twenty-one years, who have 
been inhabitants of any county within this State twelve months, immediate¬ 
ly preceding the day of any election, and shall have paid public taxes, shall 
be entitled to vote for members of the House of Commons for the courts, in 
which he resides; and all persons possessed of a freehold in any town in this 
State having a right of representation and also, all freemen who have been 






82 


inhabitants of any such town twelve months, next before, and at the day of 
election, and shall have paid public taxes, shall be entitled to vote for a mem¬ 
ber to represent such town , or the house of commons. 

All freemen of the age of twenty-one years (except free negroes, free mu- 
lattoes, free persons of mixed blood descended from negro ancestors to the 
fourth generation inclusive) who have been inhabitants of any one district 
within the State twelve months immediately preceding the day of any elec¬ 
tion, and possessed of a freehold within the same district of fifty acres of 
land for six months next before the day of election, are entitled to vote for 
a member of the Senate. [Const, of 1776, and amended Const, of 1835.] 


Ohio. —Every white male citizen of the United States, of the age of 
twenty-one years, who shall have been a resident of the State one year next 
preceding the election, and of the county, township or ward in which he re¬ 
sides such time, as may be provided by law, shall have the qualification of an 
elector, and be entitled to vote at all elections. [Sec. 1, Art. 5; Constitu¬ 
tion of 1851.] 


Pennsylvania.— Every white male citizen of twenty-one years of age, 
and whtf shall have resided in this state one year: in the district where he of¬ 
fers his vote ten days next preceding such election; paid taxes within two 
years, either state or county, which shall have been assessed at least ten days 
before the election, shall be entitled to vote. [Art. 3, Constitution, as amend¬ 
ed, 1837 and 1838] 


Rhode Island. — Qualifications of electors .—Every male citizen of the 
United States, of the age of twenty-one years, who has had his residence, 
and home in this State for- one year, and in the city or town in which he may 
claim a right to vote, six months next preceding the time of voting, and who 
is possessed in his own right of real estate in such city or town, of the value 
of one hundred and thirty four dollars, over and above all incumbrances, or 
which shall rent for seven dollars per annum, over and above any rent reserv¬ 
ed, or the interest of any incumbrances thereon; being an estate in fee sim¬ 
ple, or fee tail for the life of any person or an estate in reversion, or remain¬ 
der, which qualifies no other person to vote; the conveyance of which estate, 
if by deed, shall haye been recorded at least ninety days; shall thereafter 





83 


liave a right to vote in the election of all civil officers, and on all questions in 
all legal town and ward meetings, so long as he continues so qualified, and if any 
person herein-before described, shall own any such estate within this State 
out of the town or city in which he resides, he shall have a right to vote in 
the town or city in which he shall have had his residence, and home for the 
term of six months next preceding the election, upon producing a certificate 
from the clerk of the town or city in which his estate lies, bearing date within 
ten days of the time of his voting; setting forth that such person has a suffi¬ 
cient estate therein to qualify him as a voter, and that the deed, if any has 
been recorded ninety days. 

Every male citizen of the United States of the age of twenty-one years, 
who has had his residence and home in this State two years, and in the town 
or city in which he may offer to vote, six months next preceding the time of 
voting, whose name is registered pursuant to the acts calling the conventions 
to frame this constitution, or shall be registered in the office of the clerk of 
such town or city, at least seven days before the time he shall offer to vote, 
and before the last day of December in the present year; and who has paid 
or shall pay a tax or taxes assessed upon his estate within this State, and with¬ 
in a year of the time of voting, to the amount of one dollar, or who shall 
voluntarily pay, at least seven days before the time he shall offer to vote, and 
before said last day of December, to the clerk or treasurer of the town or 
city where he resides, the sum of one dollar, or such sum as with his other 
taxes shall amount to one dollar, for the support of public schools therein; 
and shall make proof of the same, by the certificate of the clerk, treasurer or 
collector of any town or city where such payment is made; or who being so 
registered, has been enrolled in any military company in this state, and done 
military service or duty therein, within the present year pursuant to law, and 
shall (until other proof is required by law) prove by the certificate of the of¬ 
ficer legally commanding the regiment, or chartered, or legally authorized 
volunteer company, in which he may have served or done duty, that he has 
been equipped and done duty according to law, or by the certificate of the com¬ 
missioners upon military claims, that he has performed military service, 
shall have a right to vote in the election of all civil officers, and on all ques¬ 
tions in all legally organized town or ward meetings, until the end of the 
vear eighteen hundred and forty-three. 

From and after that time, every such citizen who has had the residence 
herein required, and whose name shall be registered in the town where he 
resides, on or ‘before the last day of Decemb u-, in the year next preceding the 


84 


time of his writing, and who shall show by legal proof that he has for and 
within the year next preceding the time he shall offer to vote, paid a tax or 
taxes assessed against him in any town or city in this State, to the amount of 
one dollar, or that he has been enrolled in a military company in this State, 
been equipped and done duty therein according to law, and at least for one 
day during such year, shall have a right to vote in the election of all civil 
officers, and on all questions, in all legally organized town or ward meetings. 
Provided , that no person shall at any time be allowed to vote in the election 
of the city council of the city of Providence, or upon any proposition to im¬ 
pose a tax -on, for the expenditure of money in any town or city unless he 
shall have within the year next preceding, have paid a tax assessed upon his 
property therein, valued at least at one hundred thirty-four dollars. 

The assessors of each town or city shall annually assess upon every person 
whose name shall be registered, a tax of one dollar, or such sum as with his 
other taxes shall amount to one dollar, which registry tax shall be paid into 
the treasury of such town or city, and be applied to the support of public 
schools therein; but no compulsory process shall issue for the collection of 
any registry tax; Provided , that the registry tax of every person who has 
performed military duty according to the provisions of the preceding section, 
shall be remitted for the year he shall perform such duty; and the registry 
tax assessed upon any mariner for any year while he is at sea, shall upon his 
application be remitted; and no person shall be allowed to vote whose regis¬ 
try tax for either of the two years next preceding the time of voting is not 
paid or remitted as herein provided. • 

No person in the military, naval, marine, or other service of the United 
States, shall be considered, as having the required residence by reason cf be¬ 
ing employed in any garrison, barrack, or military, or naval station is this 
State, and no pauper, lunatic, person non-eompos mentis, person under guar¬ 
dianship, or member of the Narragansett tribe of Indians, shall be permitted 
to be registered or to vote. Nor shall any person convicted of bribery, or of 
any crime deemed infamous at common law be permitted to exercise that 
privilege until he be expressly restored thereto by act of the general assembly. 

Persons residing on lands aided by this State to the United States shall 
not be entitled to exercise the privilege of electors. [Const. Art. 2, §§ 1, 
2, 3, 4 and 5. 

In the June session, 1854, the legislature of Rhode Island approved and 
submitted to the electors of this State, the following amendments of the Con¬ 
stitution : 


85 


Article 1.—No registry tax sliall hereafter be assessed; nor shall the pay¬ 
ment of such tax, nor the performance of military duty be required as a 
qualification for voting. 

Article 2.—Every person otherwise qualified shall be permitted to vote, if 
his name shall be registered in the city or town where he resides, at least 
twenty days previous to the time of his voting. [Session laws of 1854, 
page 17.] 


South Carolina.— Every free white man of the age of twenty-one years, 
(paupers, and non-commissioned officers excepted,) being a citizen of this State, 
and having resided therein two years previous to the day of election, and who 
hath a freehold of fifty acres of land, or a town lot, of which he hath been 
legally seized, and possessed at least six months, before such election, or not 
having such freehold or town lot; hath been a resident in the election district 
in which he offers to give his vote, six months before the said election, shall 
have a right to vote for a member, or members to serve in either branch of 
the Legislature, for the election district in which he holds such property, or is 
resident [Amendment to 4th Art. of Const., of 1790, passed Dec. 19,1808.] 


Tennessee. —Every free white man, twenty-one years of age, a citizen of 
the United States, and resident of the county wherein he offers his vote six 
months next preceding the election is entitled to vote. Also, all male per¬ 
sons of color of twenty-one years of age, who are competent witnesses in a 
court of justice, against a white man, are entitled to vote, [Amended Con¬ 
stitution, 1835.] 


Texas —All free male persons over the age of twenty-one years, a citizen 
of the United States, (Indians, not taxed, Africans, and descendants of Afri¬ 
cans, excepted) who shall have resided six months in Texas, immediately pre¬ 
ceding the acceptation of this constitution by the Congress of the United 
States, shall be deemed electors. [Sec. 2, Art. 3, Const. 1845.] 


Utah. _All free white male citizens of the United States, residents of the 

territory, over the age of eighteen years, are voters, and eligible to hold any 
office within this territory. [Sec. 16, Act approved Jan’y 3, 1853.] 






86 


Virginia. —Every white male citizen of the commonwealth of the age of 
twenty-one years, who has been a resident of the State two years, and of the 
county or town where he offers to vote for twelve months next preceding an 
election, and no other person shall be qualified to vote. 

Persons in tire military service of the United States, and persons convicted 
of an infamous crime, are not voters, [Const., adopted 1851.] 


Vermont. —A voter must be a citizen of twenty-one years of age; a re¬ 
sident of the State one year, and town three months next preceding the elec¬ 
tion at which he votes. [R. S., §§ 1 and 2.] 

Every voter must swear that he is qualified as above. [R. S. § 3.] 


Wisconsin. —Every male citizen of the age of twenty one years, belong¬ 
ing to either of the following classes is a qualified elector. 

1. White citizens of the United States. 

2. White persons of foreign birth who have declared their intentions to 
become citizens conformably to the laws of the United States, on the subject 
of Naturalization. 

3. Persons of Indian blood who have once been declared by the laws of 
Congress to be citizens of the United States, any subsequent law of Congress 
to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of any tribe. 




iJ/jS 


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f •“ Other Countries,” among which are 3,113 immigrants frem Spain, 9,848 from Holland, 3,645 from 
Italy, 12,678, from Norway, 3,559 from Sweden, 10,549 from Prussia, and 5,772 from the West Indies, 
t Total population foreign birth. § Aggregate free population of United States. 































































• I 


. 



CONSTITUTION OF THE UNITED STATES. 


PREAMBLE. * 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the common 
defense, promote the general welfare, and secure the blessings of liberty to 
ourselves and our posterity, do ordain and establish this Constitution for the 
United States of America. 


ARTICLE I. 

Of the Legislature . 

SECTION L 

' 1. All legislative powers herein granted, shall be vested in a Congress of 
the United States, which shall consist of a Senate and House of Represen¬ 
tatives. 

SECTION II. 

1. The House of Representatives shall be composed of members chosen 
every second year by the people of the several states; and the electors in 
each state shall have the qualifications requisite for electors of the most nu¬ 
merous branch of the state legislature. 

2. No person shall be a representative who shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that state in which he 
shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the several 




2 


CONSTITUTION OF THE UNITED STATES. 


states which may be included within this union, according to their respective 
numbers, which shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the Congress of 
the United States, and within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of representatives shall 
not exceed one for every thirty thousand, but each state shall have at least 
one representative 4 and until such enumeration shall be made, the state of 
New Hampshire shall be entitled to choose three; Massachusetts eight; 
Rhode Island and Providence Plantations one; Connecticut five; New 
York six; New Jersey four; Pennsylvania eight; Delaware one; Mary¬ 
land six; Virginia ten; North Carolina five; South Carolina five; and 
Georgia three. 

4. When vacancies happen in the representation from any state, the exec¬ 
utive authority thereof shall issue writs of election to fill up such vacancies. 

5. The House of Representatives shall choose their speakers and other 
officers, and shall have the sole power of impeachment. 


SECTION III. 

1. The Senate of the United States shall be composed of two senators 
from each state, chosen by the legislature thereof, for six years, and each sen¬ 
ator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided, as equally as may be, into three classes. The 
seats of the senators of the first class shall be vacated at the expiration of the 
second year, of the second class at the expiration of the fourth, and of the 
third class at the expiration of the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen, by resignation or otherwise, 
during the recess of the legislature of any state, the executive thereof may 
make temporary appointments until the next meeting of the legislature, which 
shall then fill such vacancies. 

3. Ho person shall be a senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state for which he shall be 
chosen. 

4. The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5 . The Senate shall choose then other officers, and also a president pro- 


CONSTITUTION OF TI1E UNITED STATES. 


3 


tempore, iu the absence of the Vice-President, or when he shall exercise the 
office of President of the United States. 

0 . The Senate 6 hall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the 
President of the United States is tried, the Chief Justice shall preside; and 
no person shall be convicted without the concurrence of two-thirds of the 
members present. 

7. Judgment in case of impeachment shall not be extended further than 
to removal from office, and disqualification to hold and eft joy any office of 
honor, trust, or profit, under the United States; but the party convicted shall, 
nevertheless, be liable and subject to indictment, trial, judgment, and punish¬ 
ment according to law. 


SECTION IV. 

1. The times, places, and manner of holding elections for senators and 
representatives, shall be prescribed in each state by the legislature thereof; 
but the Congress may at any time by law, make or alter such regulations 
except as to the place of choosing senators. 

2 . The Congress shall assemble at least once in every year, and such meet¬ 
ing shall be on the first Monday in December, unless they shall by law appoint 
a different day. 


section v. 

1 . Each House shall be the judge of the elections, returns, and qualifica¬ 
tions of its own members; and a majority of each shall constitute a quorum 
to do business; but a smaller number may adjourn from day to day, and may 
be authorized to compel the attendance of absent members, in such manner 
and under such penalties as each House may provide. 

2 . Each House may determine the rule of its proceedings, pimish its mem¬ 
bers for disorderly behavior, and, with the concurrence of two-thirds, expel a 
member. 

3 . Each House shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment require 
secrecy; and the yeas and nays of the members of either House, on any 
question, shall, at the desire of one-fifth of those present, be entered on the 
journal, 

4 . Neither House during the session of Congress shall, without the con¬ 
sent of the other, adjourn for more than three days, nor to any other place 
than that in which the two Houses shall be sitting. 


4 


CONSTITUTION OF THE UNITED STATES. 


SECTION VI. 

1. Tlie senators and representatives shall receive a compensation for their 
services, to be ascertained by law, and paid out of the treasury of the United 
States. They shall in all cases except treason, felony, and breach of the 
peace, be privileged from arrest during their attendance at the session of their 
respective Houses, and in going to, or returning from the same; and for any 
speech or debate in either House, they shall not be questioned in any other 
place. 

2. Ho senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall have 
been increased, during such time; and no person holding any office under the 
United States shall be a member of either House during his continuance in 
office. 


SECTION VII. 

1; All bills for raising revenue shall originate in the House of Represen¬ 
tatives : but the Senate may propose or concur with amendments, as on other 
bills. 

2. Every bill which shall have passed the House of Representatives and 
the senate shall, before it become a law, be presented to the President of the 
United States; if he approve he shall sign it, but if not, be shall return it 
with his objections, to that House in which it shall have originated, who shall 
enter the objection at large on their journal, and proceed to reconsider it. If, 
after such reconsideration, two-thirds of that House shall agree to pass the 
bill, it shall be sent, together with the objections, to the other House, by 
\Vhich it shall likewise be reconsidered, and if approved by two-thirds of that 
House, it shall become a law. But in all such cases the votes of both Houses 
shall be determined by yeas and nays, and the names of the persons voting 
for and against the bill shall be entered on the journal of each House re¬ 
spectively. If any bill shall not be returned by the President within ten 
days (Sundays excepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall not be a law. 

3. Every order, resolution or vote to which the concurrence of the Senate 
and House of Representatives may ,be necessary, (except a question of ad¬ 
journment,) shall be presented to the President of the United States; and 
before the same shall take effect, shall be approved by him, or being disap- 


CONSTITUTION OP THE UNITED STATES. 


5 


proved by him, shall be re-passed by two-tbirds of the Senate and House of 
Representatives, according to the rules and limitations prescribed in the case 
of a bill. 


SECTION VIIL 

The Congress shall have power — 

1. To lay arid collect taxes, duties, imposts, and excises, to pay the debts 
and provide for the common defence and general welfare of the United 
States; but all duties, imposts, and excises shall be uniform throughout the 
United States: 

2. To borrow money on the credit of the United States: 

3. To regulate commerce with foreign nations, and among the several 
states, and with the Indian tribes: 

4. To establish a uniform rule of naturalization, and uniform laws on the 
subject of bankruptcies, throughout the United States: 

5. To coin money, regulate the value thereof, and of foreign coin, and fix 
the standard of weights and measures: 

6. To provide for the punishment of counterfeiting the secu rites and cur¬ 
rent coin of the United States: 

I. To establish post-offices and post-roads: 

8. To promote the progress of science and useful arts, by securing for limi¬ 
ted times to authors and inventors the exclusive right to their respective wri¬ 
tings and discoveries: 

9. To constitute tribunals inferior to tne Supreme Court: 

10. To define and punish piracies and felonies committed on the high 
seas, and offences against the law of nations: 

II. To declare war, grant letters of marque and reprisal, and make rules 
concerning captures on land and water: 

12. To raise and support armies; but no appropriation of money to that 
use shall be for a longer term than two years: 

13. To provide and maintain a navy: 

14. To make rules for the government and regulation of the land and 
naval forces: 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming, and disciplining the militia, and for 
governing such part of them as may be employed in the service of the 


6 


CONSTITUTION OF TUB UNITED STATES. 


United States, reserving to the States respectively the appointment of the 
officers and the authority of training the militia according to the discipline 
prescribed by Congress. 

17. To exercise exclusive legislation, ■ in all cases whatsoever, over such 
district (not exceeding ten miles square,) as may, by cession of particular 
States and the acceptance of Congress, become the seat of government of 
the United States, and to exercise like authority over all places purchased, by 
the consent of the legislature of the state in which the same shall be, for the 
erection of forts, magazines, arsenals, dock-yards, and other needful build¬ 
ings: and, 

18. To make all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this Constitu¬ 
tion in the government of the United States, or any department or officer 
thereof. 


SECTION IX. 

1. The migration or importation of such persons as any of the states now 
existing shall think proper to admit, shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight, but a tax or duty 
may be imposed on such importation, not exceeding ten dollars for each 
person. 

2. The privilege of the writ of habeas corpus shall not be suspended unless 
when, in case of rebellion or invasion, the public safety may require it. 

3. No bill of attainder, or ex-post-facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion to 
the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any state. No 
preference will be given by any regulation of commerce or revenue to the 
ports of one state over another; nor shall vessels bound to or from one state 
be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury but in consequence of ap¬ 
propriations made by law; and a regular statement and account of the re¬ 
ceipts and expenditures of all public money shall be published from time to 
time. 

7. No title of nobility shall be granted by the United States, and no per¬ 
son holding any office of profit or trust under them shall, without the con¬ 
sent of Congress, accept of any present, emolument, office, or title of any kind 
whatever, from any king, prince, or foreign state. 


CONSTITUTION OF THE UNITED STATES. 


7 


SECTION X. 

1. No state shall enter into any treaty, alliance, or confederation; grant let¬ 
ters of marque and reprisal; coin money; emit bills of credit; make any¬ 
thing but gold and silver coin a tender in payment of debts; pass any bill 
of attainder, ex-post-facto law, or law impairing the obligation of contracts; 
or grant any title of nobility, 

2. No state, lhall without the consent of Congress, lay any imposts or 
duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws; and the net produce of all duties and imposts 
laid by any state on imports or exports shall be for the use of the treasury 
of the United States, and all such laws shall be subject to the revision and 
control of Congress, No state shall, without the consent of Congress, lay 
any duty on tonnage, keep troops or ships of war in time of peace, enter in.to 
any agreement or compact with another state, or with a foreign power, or en¬ 
gage in war, unless actually invaded, or in such imminent danger as will 
not admit of delay, 

ARTICLE II. i 
Of the Executive , 

SECTION i. 

1. The executive power shall be vested in a president of the United 
States of America. He shall hold his office during the term of four years 
and, together with the Vice President, chosen for the same term, be elected 
as follows:— 

2. Each state shall appoint, m such manner as the legislature thereof may 
direct, a number of electors, equal to the whole number of senators and rep¬ 
resentatives to which the state may be entitled in Congress; but no senator 
or representative, or person holding any office of trust or profit under the 
United States, shall be appointed an elector, 

3. The electors shall meet in their respective states, and vote by ballot for 
two persons, of whom one at least shall not be an inhabitant of the same 
state with themselves. And they shall make a list of all the persons voted 
for, and of the number of votes for each; which list they shall sign and cer¬ 
tify, and transmit sealed to the seat of government of the United States, 
directed to the President of the Senate. The President of the Senate 
shall, in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted, The person having the 




8 


CONSTITUTION OF THE UNITED STATES 


greatest number of votes shall be the President, if such number be a major¬ 
ity of tbe whole number of electors appointed; and if there be more than 
one who have such a majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose by ballot one of them 
for President; and if no person have a majority, then, from the five highest 
on the list, the said House shall in like manner choose the President. But 
in choosing the President, the votes shall be taken by states; the representa¬ 
tion from each state having one vote; a quorum for this purpose shall con¬ 
sist of a member or members from two-thirds of the states, and a majority 
of all the states shall be necessary to a choice. In every case, after the choice 
of the President, the person having the greatest number of votes of the elec¬ 
tors, shall be Vice President. But if there should remain two or more who 
have equal votes, the Senate shall choose from them by ballot the Vice 
President. 

4. The Congress may determine the time of choosing the electors and 
the day on which they shall give their votes, which shall be the same through¬ 
out the United States. 

5. No person except a natural born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person be eligible to that office * 
who shall not have attained to the age of thirty-five years, and been four¬ 
teen years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said office 
the same shall devolve on the Vice President; and the Congress may by law 
provide for the case of removal, death, resignation, or inability, both of the 
President or Vice President, declaring what officer shall then act as Presi¬ 
dent; and such officer shall act accordingly, until the disability be removed or 
a President shall be elected. 

7. The President shall, at stated times, receive for his services a compen¬ 
sation, which shall neither be increased nor diminished during the period for 
which he shall have been elected, and he shall not receive within that period 
any other emolument from the United States, or any of them. 

8. Before he enter on the execution of his office, he shall take the follow¬ 
ing oath or affimation: 

u I do solemnly swear (or affirm) that I will faithfully execute the office 
of President of the United States, and will, to the best of my ability, pre¬ 
serve, protect, and defend the Constitution of the United States.” 


♦ 


CONSTITUTION OF TIIE UNITED STATES. 


© 


SECTION II. 

1, The President shall be commander-in-chief of the army and navy of 
the United States and of the militia of the several states, when called in¬ 
to the actual service of the United States; he may require the opinion in 
writing of the principal officer in each of the executive departments, upon any 
subject relating io the duties of their respective offices; and he shall have 
power to grant reprieves and pardons for offences against the United States, 
except in cases of impeachment. 

2, He shall have power, by and with the advice and consent of the Sen¬ 
ate, to maka treaties, provided two-thirds of the senators present concur: and 
he shall nominate, and by and with the advice and consent of the Senate, 
shall appoint ambassadors, and other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States, whose appoint¬ 
ments are not herein otherwise provided for, and which shall be established by 
law, But the Congress may by law vest the appointment of such inferior 
officers as they think proper in the President alone, in the courts of law, 
or in the heads of departments. 

3, The President shall have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions, which shall expire 
at the end of their next session. 


SECTION III. 

• 

1. He shall, from time to time, give to Congress information of the state 
of the Union, and recommend to their consideration such measures as he shall 
judge necessary and expedient: he may, on extraordinary occasions, convene 
both houses, or either of them; and in case of disagreement between them, 
with respect to the time of adjournment, he may adjourn them to such time 
as he shall-think proper; he shall receive ambassadors and other public min¬ 
isters; he shall take care that the laws be faithfully executed; and shall com¬ 
mission all the officers of the United States. 


SECTION IV. 

1. The President, Vice President, and all civil officers of the United States, 
shall be removed from office on impeachment for and conviction of treason, 
bribery, or other high crimes and misdemeanors, 


10 


CONSTITUTION OF THE UNITED STATES. 


ARTICLE III, 

Of the Judiciary. 

SECTION I. 

1. The judicial power of the United States shall be vested in one Supreme 
Court, and in such inferior courts as Congress may from time to time order 
and establish. The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior; and shall, at stated times, receive for 
their services a compensation, which shall not be diminished during their 
continuance in office. 


SECTION II. 

1. The judicial power shall extend to all cases in law and equity arising un¬ 
der this Constitution, the laws of the United States, and treaties made, or 
which shall be made, under their authority; to all cases affecting ambassadors, 
other public ministers, and consuls; to all cases of admiralty and maratime 
jurisdiction; to controversies to which the United States shall be a party; to 
controversies between two or more states; between a state and citizens of an¬ 
other state; between citizens of different states: between citizens of the same 
state claiming lands under grants of different states; and between a state, or 
the citizens thereof and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers, and consuls, 
and those in which a state shall be a party, the Supreme Court shall have 
original jurisdiction. In all the other cases before mentioned, the Supreme 
Court shall have appellate jurisdiction, both as to law and fact, with such ex¬ 
ceptions, and under such regulations as congress shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury, 
and such trial shall be held in the state where the said crimes shall have been 
committed; but when not committed within any state, the trial shall be at 
such place or places as Congress may by law have directed. 


SECTION. III. 

1. Treason against the United States shall consist only in levying war 
against them, or in adhering to their enemies, giving them aid and comfort. 
No person shall be convicted of treason, unless on the testimony of two wit¬ 
nesses to the same overt act, or confession in open court. 


CONSTITUTION OF THE UNITED STATES. 


11 


2. Congress shall have power to declare the punishment of treason; but 
no attainder of treason shall work corruption of blood, or forfeiture, except 
during the life of the person attained 

ARTICLE IV. 

Miscellaneous. 

section 1. 

1. Full faith and credit shall be given in each state to the public acts, re¬ 
cords and judicial proceedings of every other state. And Congress may, by 
general laws, prescribe the manner in which such acts, records, and proceed¬ 
ings shall be proved, and the effect thereof. 

section ii. 

1. The citizens of each state shall be entitled to all the privileges and im¬ 
munities of citizens in the several states. 

2. A person charged in any state with treason, felony, or other crime, who 
shall flee from justice and be found in another state, shall, on demand of the 
executive authority of the state from which he fled, be delivered up, to be re¬ 
moved to the state having jurisdiction of the crime. 

3. No person held to service or labor in one state, under the laws there¬ 
of, escaping into another, shall, in consequence of any law or regulation there¬ 
in, be discharged from such service or labor; but shall be delivered up on 
claim of the party to whom such service or labor may be due. 

section hi. 

1. New states may be admitted by Congress into this union; but no new 
state shall be formed or erected within the jurisdiction of any other state, nor 
any state be formed by the junction of two or more states, or parts of states 
without the consent of the legislatures of the states concerned, as well as of 
Congress. 

2. Congress shall have power to dispose of, and make all needful rules and 
regulations respecting the territory or other property belonging to the United 
States; and nothing in this Constitution shall be so construed as to prejudice 
any claims of the United States or of any particular state. 

< 

SECTION IY. 

1. The United States shall guarantee to every state in this union a repub¬ 
lican form of government, and shall protect each of them against invasion; 


12 


CONSTITUTION OF THE UNITED STATES. 


and, on application of the legislature, or of the executive (when the legisla¬ 
ture cannot be convened,) against domestic violence. 

ARTICLE V. 

Of Amendments. 

1. Congress, whenever two-thirds of both Houses shall deem it necessary, 
shall propose amendments to this Constitution; or, on the application of the 
legislatures of two-thirds of the several states, shall call a convention for pro¬ 
posing amendments, which, in either case, shall be valid to all intents and pur¬ 
poses, as part of this Constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in three-fourths thereof, as the 
one or . the other mode of ratification may be proposed by Congress; pro¬ 
vided, that no amendment which may be made prior to the year one thousand 
eight hundred and eight, shall in any manner affect the first and fourth claus¬ 
es in the ninth section of the first article; and that no state, without its con¬ 
sent shall be deprived of its equal suffrage in the Senate. 


ARTICLE VI. 

Miscellaneous. 

1. All debts contracted and engagements entered into before the adoption 
of this Constitution, shall be as valid against the United States under this 
Constitution, as*under the confederation. 

2. This Constitution, and the laws of the United States which shall he 
made in pursuance thereof, and all treaties made or which shall be made, un - 
der the authority of the United States, shall he the supreme law of the land; 
and the judges in every state shall be bound thereby, anything in the Con¬ 
stitution or laws of any state to the contrary notwithstanding. 

3. The senators and representatives before mentioned, and the members of 
the several state legislatures, and all executive and judicial officers, both of 
the United States and of the several states, shall be bound by oath or affirma¬ 
tion to support this Constitution? but no religious test shall ever be required 
as a qualification to any office, or public trust, under the United States. 


AMENDMENTS TO THE CONSTITUTION. 


13 


ARTICLE VII. 

Of the Ratification . 

1. The ratification of the conventions of nine states shall be sufficient for 
the establishment of this Constitution between the states so ratifying the 
same. 

Done in Convention, by the unanimous consent of the states present, the 
seventeenth day of September, in the year of our Lord one thousand seven 
hundred and eighty-seven, and of the Independence of the United States 
of America the twelfth. In witness whereof, we have herein subscribed 
our names. 

GEORGE WASHINGTON, 

President , and Deputy from Virginia , and others. 


AMENDMENTS TO THE CONSTITUTION. 


Art. 1. Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of speech, 
or of the press; or the right of the people peaceably to assemble, and to 
petition the govennment for a redress of grievances. 

Art. 2. A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be infringed. 

Art. 3. No soldier shall, in time of peace, be quartered in any house with¬ 
out the consent of the owner; nor in time of war, but in a manner to be 

prescribed by law. . 

Art. 4. The right of the people to be secure in their persons, houses, papers, 

and effects, against unreasonable searches and seizures, shall not be violated ; 




4 


AMENDMENTS TO THE CONSTITUTION. 


and no warrants shall issue but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be searched, and the per¬ 
sons or things to be seized. 

Art. 5. No person shall be held to answer for a capital or otherwise in¬ 
famous crime, unless on a presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the militia when in actual 
service in time of war, or public danger; nor shall any person be subject for 
the same offence to be put twice in jeopardy of life or limb; nor shall be 
compelled, in any criminal case, to be witness against himself ; nor be de¬ 
prived of life, liberty, or property, without due process of law; nor shall pri¬ 
vate property be taken for public use without just compensation. 

Art. 6. In all criminal prosecutions, the accused shall enjoy the right of a 
speedy and public trial, by an impartial jury of the state and district wherein 
the crime shall have been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and cause of the ac¬ 
cusation : to be confronted with the witnesses against him; to have compul¬ 
sory process for obtaining witnesses in his favor; and to have the assistance of 
counsel for his defense. 

Art. 7. In suits of common law, where the value in controversy shall ex¬ 
ceed twenty dollars, the right of trial by jury shall be preserved; and no fact 
tried by jury shall be otherwise re-examined in any court of the United 
States than according to the rules of the common law. 

Art. 8. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. 

Art. 9. The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

Art. 10. The powers not delegated to the United States by the Constitu¬ 
tion, nor prohibited by it to the states, are reserved to the states respectively, 
or to the people. 

Art. 11. The judicial power of the United States shall not be construed 
to extend to any suit in law or equity commenced or prosecuted against one 
of the United States by citizens of another state, or by citizens or subjects of 
another state, or by citizens or subjects of any foreign state. 

Art. 12. § 1. The electors shall meet in their respective states, and vote 
by ballot for President and Vice President, one of whom, at least, shall not 
be an inhabitant of the same state with themselves: they shall name in their 
ballots the person voted for as President, and in distinct ballots the person 
voted for as Vice President; and they shall make distinct lists of all persona 


AMENDMENTS TO THE CONSTITUTION. 


15 


voted for as President, and of all persons voted for as Vice President, and of 
the number of votes for each, which list they shall sign and certify, and trans¬ 
mit sealed to the seat of government of the United States, directed to tbe 
President of the Senate; the President of the Senate shall, in the presence 
of the Senate and House of Representatives, open all the certificates, 
and the votes shall then be*counted; the person having the greatest number 
of votes for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person have such a 
majority, then from the persons having the highest number, not exceeding 
three on the list of those voted for as President, the House of Representatives 
shall choose immediately by ballot the President. But in choosing the Presi¬ 
dent, the votes shall be taken by states, the representation from each state 
having one vote; a quorum for this purpose shall consist of a member or 
members of two-thirds of the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon them before the 
fourth day of March next following, then the Vice President shall act as Presi¬ 
dent, as in case of the death or other constitutional disability of the President. 

2. The person having the greatest number of votes as Vice President 
shall be the Vice President, if such number be a majority of the whole num¬ 
ber of electors appointed; and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall choose the Vice President; 
a quorum for the purpose shall consist of two-thirds of the whole number of 
senators, and a majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President shall 
be eligible to that of Vice President of the United States. 

2 


* 


I 


TABLE OF CONTENTS. 

I ' 


Pads. 

Preface. 1 

General Observations, including a synopsis of all the Acts of Congress and 

of New York State as to Naturalization and Alienage.. 3-17 

Acts of Congress, relative to Naturalization and Aliens. 

Act of March 26, 1790. ( Repealed.).18 

“ “ January29, 1795. (Repealed.)....19-21 

“ “ June 18, 1798. (Repealed.).21-25 

« “ June 25, 1798. (Expired.).*....25-28 

" «* July 6, 1798. (Expired.).28-30 

“ April 17, 1800. (Repealed.).30 

« * April 14, 1802.30-34 

« “ March 26, 1804.34-35 

“ « March 3, 1813.35-37 

“ « July 30, 1813.37 

* « March 22,1816.38-39 

« “ May 26, 1824...39-41 

“ « May 24,1828.41-42 

“ « June 26, 1848.42 

“ “ February 10, 1854.42-43 

New York Constitution—Elective Franchise.. .43 

Questions to test citizenship of persons offering to vote.44 

New York Revised Statutes. 

Of the tenure of Real Property, <fcc.,.45-55 

Of Escheats, <fcc.. ....55-62 

Mode and Terms of Naturalization.62-64 

Miscellaneous and Practical Observations.G4 

Practical Forms. 

Declaration of Intention.65 

Certificate of Clerk.65 

J)ath to support Constitution, &c., .65 

Oath of Citizens to prove Residence.66 

Declaration of Applicant arriving at or before eighteen. 66 

Oath to prove residence in last case.. ..66 

Oath m case of resident before June 18, 1812.67 

Certificate of Citizenship.67 

Deposition to hold Real Estate in New York.68 

Declarations by and against Alien.68 

Decisions in United States Courts...69 

Decisions in New York Courts. 69 

Opinion of Judge Dean on the administration of Naturalization Laws_.72-77 

A Synopsis of the Constitutional and Statutory Enactments of every State 

in the Union, permitting Aliens to vote, hold office, <fcc.77-86 

Table of Nativities, of inhabitants of the United States, Foreign born.... .87 
Constitution of the United States. ....89 































































































































































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